RD 9/15 Approved but another issue now

T

Tanatan

Registered Users (C)
Firstly, thanks all for your support and encouragement.

I checked online about 10mins ago, my and my wife's case have been approved. I have verified it from AVM too.

Thanks again and best wishes for your quick GC approvals


I have one major problem now,

Q1. My wife is in India and will return in late Dec. Her advance parole will expire on Nov 25 and EAD will expire on Dec 5th. Can she re-enter the US? Also since we have applied for renewal of Advance parole will it get renewed (I-765 and I-131 extensions mailed to INS - 10/08/2002)? Or, because I-485 has been approved therefore no Advance parole?

Q2. Is there a validity period for the I-485 approval notice to get the passport stamped?

One more bit of info, we have valid H1 and H4 till 8/15/2004 but not stamped on PP.

Waiting for your thoughts and advise...

Tanatan
RD: 9/15
ND: 11/10
EB3-CA EAC02-035-5xxxx
 
Tanatan,

The "bit info" that u mentioned is the most important info. here. I assume, u guys r on H1/H4 and not used EAD.

If above is true, ur wife, being in India should use H4 while coming back and not AP. She needs to show the 8/15/2004 H4 notice at POE and officer should stamp her I-94 based on that.

If u r indeed using EAD, H1/H4 notice till 8/15/2004 date doesn't count anymore. Then she should use AP for coming back.

Now, she can show the receipt notice for renewal AP at POE and the original old AP and that should be sufficient to get the stamp on AP for one year at POE.
 
Last edited by a moderator:
Originally posted by dma_va
If above is true, ur wife, being in India should use H4 while coming back and not AP. She needs to show the 8/15/2004 H4 notice at POE and officer should stamp her I-94 based on that. Same for u, if and when u travel.
Click to expand...

Here's the problem I have - one of the conditions of entry in H-4 status is that you are the spouse or child of an H-1/H-2/H-3 holder. Since her husband now has a Green Card, he no longer has H-1 status, and she cannot enter in H-4 status.

I'd hope that the AP gets approved; if not I guess you try and enter on the old AP, and ask that the INS parole you in anyways. Either way, you should not go out of country close to approval without ensuring you can get back in!!!!
 
Realcanadian,

Since I485 application is adjucated independent of primary applicant, in case of Tanatan's wife, since she was not in USA when approved, she is eligible to come back on H4 or AP depending upon whether she/Tanatan were were using H4/H1 or EAD for work.
 
dma_va and TheRealCanadian further Quest..

Thanks for ur response.

I have not used my EAD yet so I am on H1b still.

Follow-up Questions:
Just to keep her h4 status valid I would have to stay on h1b that means I should not get my PP stamped until she re-enters US. Is that correct?

Also although we have H1 and h2 extensions but we do not have it stamped on our PPs(original h1 and H4 stamped on PP). Does she need to go to the US Consulate to get PP stamped for h4 extension?
 
Tanatan,

U can do ur stamping coz ur two cases r independent as far as after approval is considered.

I think she can come back on H4 with later expiry notice itself.


Let's see what other guys say about this here. U can talk to attorney as well.
 
to dma_va

Yes i have sent email to my attorney too and she usually takes about 24hrs to get back to me.

If she can come back using her h4 extension only then that is a very good news for me;)
 
Re: dma_va and TheRealCanadian further Quest..

Hi
How did u know that u r still in H1 status?

Then once ur I485 is approved then u r not in H1 status.so u better clarify with ur lawer.and one more suggestion i don't know wheather we can can do or not.But u can clarify with ur lawer regarding this y don't u try in indian consulate to get stamped ur green card or u can send ur wife's appraval paper and with that approval she can enter in to USA any way u have to talk with ur lawer or contact the local INS or NSC
 
Tantan,
the biggest problem i see is that as you say H1/H4 is not stamped......if it is not stamped then she needs to get it stamped before entering and at that time she needs to produce your H1 approval papers too.
2ndly, your advance Paroles should still be coming(even if it is approved)
3rdly, I would also want to know about passport stamping, is it necessary to get the stamping.some say you need it only if you have to travel, some say if you don't get stamping then your GC card will not be ordered, if it is true then what is the time limit?
 
to pittsburgh and bakshi

Pittsburgh, I did not understand what u said. Pls rephrase for me. Thanks for the effort anyway.

bakshi, Clarification here.. I am not saying that H1 /h4 is not stamped. Only h1/h4 extension is not stamped on pp (Original which expired in 8/2001).

If APs do come that would be good and simple way out of this mess that I got myself into. I guess I can do nothin about it but wait.

BTW my lawyer replied back saying that she would need to talk to me to reply for the above questions. I guess its not that simple then.

Thanx all
 
se Tantan if your visa has not expired and if you are a dependent then nobody would ask you anything but since visa has expired she defintiely needs a visa stamping or AP there is no other way out for her to reenter. I would suggest book a new ticket and get her back before her last AP expires.....
 
IF your stamped H4 has expired on Passport you have to get a new stamp from US embassy. You cannot enter in US with expired stamp and approved H4 extention. She can Use her existing parole before it expires or new Parole providd it was applied when she was still in US. Advance parole is for people who are in 485 stage and still prsent in US so that can go out and come back. If u had applied new AP when she was out of Us she will even have problem while comming back on AP . I feel ur best bet is to fly her back here on old AP.

Check your lawyer or Immigration service for more advice.
 
MOST IMPORTANT THING IS THAT YOU SHOULD GET THE STAMPING IN 30 DAYS TIME ELSE ITS NO

MOST IMPORTANT THING IS THAT YOU SHOULD GET THE STAMPING IN 30 DAYS TIME ELSE ITS NO LONGER VALID. YES , THAT IS TRUE AS I HAVE READ IN IMMIGRATION-LAW.COM BCOS OF THE NEW SECURITY CHECKS, YOUR APPROVAL IS NOT VALID IF ITS NOT STAMPED IN 30 DAYS AFTER APPROVAL.
 
Congrats for your apptoval. Your wife should get PP stamping for H-4 otherwise you should send the AP to reenter.

1LongWait's response is new to me. You should check this with your lawyer. Otherwise it will be a problem for both of you.
 
Thanx again

Thakx for all your feedback.

Couple of thoughts..

I will talk to my lawyer tomorrow morning and update this thread on what she recommends. (Fragomen Del rey)

Based on the suggestions so far, I believe the best bet would be to get her h-4 visa stamped. The above I would get done even if the new Advance parole is received.

So when she re-enters she would have (after Nov 25):
1) H4 visa and extension papers
2) New(if it comes) and old advance parole.
3) copy I-485 approval (may be original too, I need to think that over)

Second I will ask her to get back early b4 Nov 25 (very difficult almost impossible). also this would require a New ticket as the return date ($600+ ka phatka)


Any other thoughts pls respond

Tanatan
 
Read this.....

How Does the Approval of an Application for Adjustment of Status
During the Alien's Absence From the United States Affect His or Her
Readmission?

In accordance with 8 CFR 211.1, a Form I-797 approval notice for an
adjustment of status application is insufficient to establish an
arriving alien's entitlement to lawful permanent residence. An H-1 or
L-1 nonimmigrant (or a dependent family member) whose application for
adjustment of status was approved during the alien's absence from the
United States will be granted deferred inspection in accordance with
Sec. 235.2(b) upon presentation of a valid I-797 notice of approval of
the application for status. Such deferred action shall be for the
purpose of providing conclusive evidence that the alien's status has in
fact been adjusted to that of a lawful permanent resident.
 
I think your best bet is to get her before her Advance parole expires. 700-800 ka phatka padta hai to padne de yaar, nahin to phir lambe samay tak ka phatka lag jaayega !

If I were you I would get her here before the expiry of last Advance Parole AT ANY COST barring something very serious like if she were in advanced stage of pregnancy or things like that.
Anyway its your choice
 
I agree with Bakshi. Instead of going into all these unknown INS traps, best thing is to bring her here, get PP stamped and then she is free to go back. No hassels. (Unless she is absolutely in no condition to come at this time).
 
My case also the same.

my wife also in india. she can not come till dec or may be late Jan. some body told me she can get gc stamping in india itself. i don't know exactly....

In that case

Once she has GC, she need not to worry about AP....
 
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