RFE 485 Approved..............

N

NKgy

Registered Users (C)
Hi Folks,

My case was approved on Oct 29.
EB2 India RIR
rd : 10/5/00
nd : 11/3/00
fp : 2/14/01
RFE Issued : 9/18/01 for Emp Letter
      Reply Recd by VSC : 10/03/01
AD : 10/29/01 (AVM updated 11/1/01)

I have a question on Stamping:
My wife is in India and she will be back in Jan (using H4), I was just wondering if i could get the passport stamped, if i do will will her H4 status still be valid OR will she have trouble coming in?? If i cannot get it stamped now can we do it by Jan and is there any time stipulation on passport stamping?? Please help.

Thank you all and God bless you.

Rgds

NKGY
 
No Title

Fax a copy of your approval notice to her. Either way, the INS officer at the airport has all your records. It should not be a problem. Wait until she arrives, and get it done in one shot, to make the records consistent .
Hope it helps
 
NKgy, SamUsam is WRONG

As sson as ur petition is approved, your wife\'s H-4 is invalid. So she cannot re-enter on H4 if the INS officials notice at POE. Did she take any AP wheh she left. If not, maybe best thing to avoid ilegal entry is asking her to her her passport stamped in India and then get back in.

You may wanna check with an attorney, But I am 99.99% sure her H4 is not valid anymore. It does not matter whether or not u got your PP stamped. Since even the GC says resident since ur approval date and not stamping date
 
No Title

Hello,
The information I provided is a true information, based upon my cousin case. Don\'t jump to judgement. The H-4 is invalid/valid is determined by INS, upon his/her entry or departure, the airline has nothing to do with it. In this case, the H-4, is invalid because the visa holder has a higher status than before, i.e. approval of his I-485. Upon his/her arrival he will be checked for his visa, if they find she has a higher status, her passport will be stamped on the airport.
This is a similar case of people who go on CP, once their CP gets approved, their H-1 and H-4 are invalid. But they have a valid visa, by which they travel back. Once they arrive at the airport, their status are updated from H-1, H-4 to GC holder. I hope this helps.
Do not be panic.
 
I am still not with you

Sam

My attorney had told me this and they are very good. Your cousin\'s case was approved when she came into the country. For NGky, its not too clear but his wife\'s case may not be approved. If so, what I said holds true, since she has to have a valid visa for re-entry either a H4 or AP since her status is pending. But if she is approved while in india, then she may as well use the approval notice and get it stamped at the airport is new to me. Since its ur cousin u may be right. Where can they get it stamped then (airport/consulate/or after coming here)(my question).

But I know cases where spouse was filed later and had to take AP to leave the country since their petition was still pending and H4 was invalid.
 
NKgy, did AVM get updated when INS received your RFE on 10/03/01? Thanks.

NKgy, did AVM get updated when INS received your RFE on 10/03/01? Thanks.
 
Same boat

My friend got approved when his wife & Kid were in India. Both of them entered on H4 (JFK NY) without any issues. He waited for stamping till they arrived(Almost six weeks after approval they arrived). Attorney\'s differ on this issue. My attorney told me one can not do this. However my Friend\'s Attorney told him(when the wife & Kid were above to leave) that it would not be a problem to reenter if the case is approved when they are away. I do not believe all Attorney. For my co-worker when he changed employer, the Attorney of new employer did not file H4 for his family saying that dependents are automatically covered by H1.(Old H4 expired within days of changing jobs)

Better verify wint INS web site
 
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