Urgent : H4 application outside the US for an F1 AOS

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being_intrigued

Registered Users (C)
Hi:

I have posted this issue here before and the answers i got from the experts is in contradiction to what my lawyer is saying. While i do understand that this is a grey area - would appreciate your thoughts again.

So here goes:
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I am on a valid and stamped H1 valid till 2005 and have applied for AOS. My Spouse was on a stamped and valid F1 when she applied for AOS (as a derivative of my application) - thus she is an adjustee at this point.

Both of us have received EADs and APs - although the EAD has not been used to work and the APs have not been used to re-enter yet.

As she is finishing her studies we would like to get a H4 for her - just in case something goes wrong with the GC. We were planning to take an India trip in the coming months, and get an H4 from the US consulate in Inda during our stay. We were then planning to re-enter using the H4 (instead of using the AP).

My lawyer just advised that the moment an F1-adjustee gets an H4 visa from the consulate - her 485 is considered abandoned ? Is that true.
 
Originally posted by being_intrigued
My lawyer just advised that the moment an F1-adjustee gets an H4 visa from the consulate - her 485 is considered abandoned ? Is that true.
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No, but I'll advise you that the moment you get such a crazy piece of information from an attorney, you should consider getting a new one.
 
The problem is that i cannot even get to the Attorney to talk about this, this is the view of the paralegal at his office that is handling my case.

I cannot get a new attorney coz i am doing this through my employer and he is paying/paid for the case.
 
Usually Paralegal's can't find their assh***'s if you gave them a map. I wouldn't go by and advise given by a paralegal. Send an email directly to your lawyer and if that fails, cc a copy to your HR/international HR drawing their attention to the fact that this lawyer is doing a lousy job. Good chances the lawyer will get back to your ASAP!
 
Here is some further advice from my learned adviser:
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A F1 Adjustee applying for an H4 outside the US constitutes an abandonment of the 485. However, if the same F1 adjustee gets an H4 from inside the US - thats alright.

Was just wondering if they are trying to make some money in the process - by getting me to pay for another visa.

Thanks for perusing thru. God save us from these ignorants.
 
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