Spouse 485 Approved but in India can she use H-4 (has stamp) ?

G

gcatlanta1

Registered Users (C)
Wife's 485 Approved but she is in India with valid H-4 visa stamped in the pasport

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From Sheela Murthy's bulletin
Can I Travel While I-485 is Pending?

Given the unpredictability of processing times, it is possible for the
I-485 to be approved while one is traveling abroad. Therefore, although
H-1/H-4 and L-1/L-2 holders can travel without advance parole, it is
best not to do so. This is particularly true for individuals who do not
have valid visas in their passports. If the I-485 is approved while an
individual is abroad, s/he is no longer eligible for nonimmigrant
(temporary) status. The best situation is for the individual to have advance
parole, which makes travel possible, and to explain the fact of
approval at the Port of Entry. The worst situation is if an individual does
not have advance parole and plans to obtain an H or L visa at the
consulate for reentry. If the I-485 is approved while this person is abroad, s/he is not eligible for the H or L visa at the consulate. Without other documentation permitting travel, one would not be allowed to board the plane without a travel document or valid visa stamp in the passport.


End from Sheela Murthy's bulletin
**********************************

My wife is currently in India - travelling on H-4 visa and she has a valid H-4 visa stamped in her passport till March 05.

She also has a valid Advance Parole valid till last week of December 04.

She is planning to come back to USA in Jan 2005 on her H-4 visa would that be a problem since she has got her 485 approved ?
Would she need to prepone her trip to come back to USA on Advance Parole which is valid till Dec end ?

Is there any option of getting the I-551 stamped in the passport in Mumbai ?

I don't trust my lawyer fully on 485 issues which are related to H1-B visa . He has wrongly advised me once.

Thanks in advance for all your time and responses.

VS, Atlanta.
 
Since you are approved and she is approved and her h4 status is gone automatically, she must come back before her AP is expired in Dec 2004. Otherwise, you will have to apply for her green card again but it will go under family category. I am not sure. Clarify more information from other people in this forum. but for sure, when someone is approved, his/her immigration status is gone automatically.

Yes, she is not eligible for h4 at the consulate since she is already approved. Nope, she cannot get I-551 stamp at the consulate. I-551 is stamp that can be avaliable only within USA.
 
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I think H-4 visa can be used for reentry even after 485 approval

Thank u - USGC485 for ur reponse.

From What I have understood from Murthy's bulletin message I posted in my earlier post is that - getting H1/H4 stamping is not possible after I-485 is approved. But if the H1/H4 stamping is already there in the pasport then the person can reenter. Its not the preferred manner - but its possible to get entry back into the US.

Further as I was searching on Murthy's chat transcript I found this
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Chat User : Thanks for this valuable service. If the I-485 is approved while one is outside of the U.S., can one reenter on H status, assuming it's valid?

Attorney Murthy : Yes, a person is allowed to reenter the U.S. either on the AP or the H1B visa stamp with the original H1B approval notice at the port of entry, and then, after entry, the person should go to the local office with the I-485 approval notice to obtain the GC stamp in the PP.

http://www.murthy.com/chatlogs/chat0913.html
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But in another chat she said this

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Chat User : Is dependent (pending I-485 of dependent) able to enter U.S. on H-4 visa within 10 days of I-485 approval of primary applicant who is staying in U.S.?

Attorney Murthy : Generally, a person is supposed to enter the U.S. on AP after the I-485 has been approved, though it may be possible for one to enter on the H1B or H-4 visa when s/he is not aware of the I-485 approval. The POE Inspector could also parole a person into the U.S. to obtain the I-485 approval and stamp in the PP soon after entry. It is likely that the POE Inspector will not verify the I-485 approval of the principal applicant, but there is always a possibility that a POE inspector will ask questions, so best to be well prepared.

http://www.murthy.com/chatlogs/chat1108.html
*****************************


I would feel better if I could get a confirmation from an attorney about this though.
Thanks for all ur responses and time.
 
My lawyer said that one does not need AP to enter. A valid H visa should get you through. At the maximum a fine of $95 can be imposed for not carrying the GC in hand!
 
I am in same situation.I searched whole internet and find 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.
 
rpranesh said:
My lawyer said that one does not need AP to enter. A valid H visa should get you through. At the maximum a fine of $95 can be imposed for not carrying the GC in hand!
Click to expand...

One cannot be fined if USCIS never issued him/her any GC. AP can be used for re-entry, if the person does not have H/L visa.
 
should I send the 485 approval and wait to stamp my I551

Chanduare, Pralay and Pranesh - Thank you very much for your answers.

Chanduare - Your information was very helpful. Would it mean that I can send my wife who is in India her 485 approval notice so that she can show it at the POE ? OR should she wait for the POE officer to tell her that her status has been changed and not show any papers ?

Pralay - I am sure u r right - about the fine part - since the GC has not yet been issued at this stage.

Other question is - Should I wait for her to enter USA on her H-4 visa before I go ahead with my I551 stamping ? I am not sure if it makes a difference. I will probably wait just to be on the safer side.

Thank a lot for your time and answers.

VS, Atlanta.
 
gcatlanta1 said:
Chanduare - Your information was very helpful. Would it mean that I can send my wife who is in India her 485 approval notice so that she can show it at the POE ? OR should she wait for the POE officer to tell her that her status has been changed and not show any papers ?
Click to expand...

She does not need to show approval letter at POE. If POE comes to know about her approval status (which does not happen sometimes), she will be sent to differed inspection anyway. She does not need to be proactive regarding this issue.
Differred inspection is mainly done for consular processing, where the immigrants enter to USA with immigrant visa first time.


gcatlanta1 said:
Other question is - Should I wait for her to enter USA on her H-4 visa before I go ahead with my I551 stamping ? I am not sure if it makes a difference. I will probably wait just to be on the safer side.
Click to expand...

It's not necessary to wait for her arrival and it does not make any difference.
 
pralay said:
Differred inspection is mainly done for consular processing, where the immigrants enter to USA with immigrant visa first time.
Click to expand...

You're confusing secondary inspection with deferred inspection.

Secondary means that you are inspected and admitted to the US at the POE, just not at the main counter. You need to take no further action. Deferred inspection, however, involves presenting yourself at the local USCIS for a final determination there.
 
status before I551 stamping ?

Thanks for ur responses - TheRealCanadian and Pralay.

What will be my status - my 485 has been approved but no I551 stamping and expired EAD ?

Thanks in advance for ur time and responses.


VS, Atlanta
 
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