Staying out of the country

[140_140_140]

Hello

Can someone please answer the below question. I am in a tight situation as my wife needs be out of the country.

I have filed I140 in July of 2002 which is not yet approved. In May 2003 we filed I485, AP and EAD none of these have been approved for both myself and my wife. Due to a family problem she has to be away for some months.

The question that I have is for how long can she stay in India. My H1,her H4 expires in Mar 2004 and I am filing for 7th year extension shortly.

I would really appreciate any help/information.
Thanks in advance.

 

[sertra2002]

As long as you maintain your H1 status, her H4 remains valid. Therefor she can remain out of the US for as long as it takes. But if you get the fiunger printing notice, it is better if she comes back. However if she is not able to come, you can postpone her FPint. (Please consult an attorney on this).

If she stays beyon Mar 2004, she can go for stamping of new H4 at the US consulate, if she is out of US. (provided yours has been extented).

On the other hand you can also go to your local BCIS office and ask for instant AP. These are given only for genuine emergencies. Please note that this is not easy to get. This will give you a safety net, incase your H1 is denied.

All the best.