Strange case: Marriage and I-485 approval

fast_gc_seeker said:
absolutely right...

So I guess the only alternative for her is to leave this country on her
own b4 she can be in trouble.

Its so unfortunate that once somebody becomes a permanent resident they cant bring their luved ones but this is possible for visa holders. Weird rule :(
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OK, I can understand that you say that the wife is not on legal
status because she entered on H4.
What does that do to her Husband's status?
He entered on H1 status along with his wife.
His I-94 shows H1. What implication does this have on his Perm-residence?
 
mat s said:
OK, I can understand that you say that the wife is not on legal
status because she entered on H4.
What does that do to her Husband's status?
He entered on H1 status along with his wife.
His I-94 shows H1. What implication does this have on his Perm-residence?
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He is perfectly alright. When he goes for the stamping he will surrender his I-94 along with used and used EAD and Advance paroles.
 
tammy2 said:
He is perfectly alright. When he goes for the stamping he will surrender his I-94 along with used and used EAD and Advance paroles.
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Is'nt there any way for him revoke his I-485 and go back to H1 ?
So that he can re-apply for a fresh I-485 using his I-140.
 
mat s said:
Is'nt there any way for him revoke his I-485 and go back to H1 ? So that he can re-apply for a fresh I-485 using his I-140.
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No; the I-485 cannot be abandoned or withdrawn since it has been approved. The only way he can go back is to renounce his permanent residence and restart the GC process from scratch. Such a course of action should not be taken lightly.

What he really needs is an attorney.
 
Poster says husband entered on H1 visa. Well, if he has valid H1 and no
AP, he can definately enter on H1 and its perfectly legal. He can claim that he was not aware of 485 approval, until he saw approval notice in mail which means he got it when he legally entered this country on his H1.
Many people have entered on H1 with no AP inspite of AOS being processed.

My only concern is about status of his wife. I personally dont
think she entered country illegally, but I do believe she does
not have any visa status now as her hubby is no longer on H1.
Her situation is similar to those H1 folks who are laid off and
their H1 petitioner revokes their H1. They are in the country legally
but 'out of status' because H1 revocation.
 
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