RFE on I140 and I485: Need to visit India urgently

I

informer

Registered Users (C)
Hi,
I have received RFE on I-140 and I-485 and my wife on I-485. I am still in the process of preparing the documentation to respond to the RFE. My wife had changed the status to EAD from H4 after accepting a job. She needs to go to India now for a short visit. What is the risk involved in her going to India now? Has anybody travelled outside after receiving RFE on I140/I485?
 
I could be wrong with the answer, but this is what i know: I would still suggest talking to your lawyer as there might be something that I don't know..

As long as your wife has an AP she should be ok. The fact that there is an RFE does not mean that you are out of status. The existing EAD/AP should offer you the legal status. You can continue to use your EAD/AP as always.

If you respond to the RFE and still your process is rejected, then your AP/EAD will not be valid. Your wife's H4 is eitherway invalid because she switched to the EAD. In this case you are stuck and will be considered out of status.

I think that there is 90 days to respond to an RFE, otherwise the application will be considered withdrawn. If you can hold off submitting the RFE documents till such time your wife comes back, and still supply the RFE documents within the prescribed 90 days, you should be ok.
 
Do you have an attorney?

If you have an attorney there is no problem at all. Let him respond to this RFE, by providing all documents. Further, you indicated your wife is travelling and not you. So you will be there to provide any documentation.
 
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