Travel on H-4 while Consular processing/AOS pending

[xbzus]

Hi,

I'm on H-1b working and my AOS is pending and expecting approval in March 2011. My wife already has H-4 visa and we will file her Consular processing since she is in our home country.

The question is; while her CP and my AOS (I-485) is pending or while her CP is pending and my AOS got approved (therefore my H-1b will not be valid anymore and her H-4 too), will she be able to use her H-4 stamp on passport to come to USA in April (she cannot come before April due to studies)? Suppose if she is able to come will she have any problem later with her CP or AOS (if we decide to do AOS instead of CP)?

Or else what is the best way for her to come to USA after April, for the same situation above?
Thanks

 

[Jackolantern]

I'm on H-1b working and my AOS is pending and expecting approval in March 2011. My wife already has H-4 visa and we will file her Consular processing since she is in our home country.

Why CP? Let her enter the US with the H4 and then file I-485 once your PD is current. There will be delays if you pursue I-485 and she does CP. That's because you'll first need to wait for your I-485 approval, and then you file I-824 to get the ball rolling for her CP, and then she'll have to wait a few months for the I-824 to be processed and the consulate to be ready for her. To avoid that delay, you should either both file I-485, or both file for CP.

Once your AOS is approved, her H4 will be invalidated. So if she's going to enter with the H4 and stay for I-485 processing, she should file I-485 almost immediately if your PD is already current. Otherwise, if your PD is not current, you need watch the visa bulletin and she should file the I-485 on the first day of the month when your PD becomes current again, in order to make sure her I-485 is filed before her H4 is invalidated by your I-485 approval.

What is your priority date and country and category? EB1, EB2, or EB3? India, China, or Rest of the World?

 

[ginnu]

Hi,

I'm on H-1b working and my AOS is pending and expecting approval in March 2011. My wife already has H-4 visa and we will file her Consular processing since she is in our home country.
---Why CP for her? let her visit US and file her I-485 and AP. once she gets AP she can go back and enter on H4 if at that time you are on H1 or she can use AP.

The question is; while her CP and my AOS (I-485) is pending or while her CP is pending and my AOS got approved (therefore my H-1b will not be valid anymore and her H-4 too), will she be able to use her H-4 stamp on passport to come to USA in April
--------------If your I-485 gets approved then she cant enter on H4 and cant get H4 visa stamp.
(she cannot come before April due to studies)? Suppose if she is able to come will she have any problem later with her CP or AOS (if we decide to do AOS instead of CP)?

Or else what is the best way for her to come to USA after April, for the same situation above?

----- Your guess is that your I-485 may get approved by March 2011. Talk to your lawyer how you can delay approval of your I-485 in March 2011. once she comes to US on H4 file her I-485 immediately(keep all her forms like I-485, G325, form for AP ready with information,copy of Birth certificate, Copy of marriage certificate 0 once she reach US let her go for medicals and then send her I-485 to USCIS before the date your I-485 gets approved.
Thanks

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