Valid H1 and travelling

S

sdrblr

Registered Users (C)
Can the experienced please help with this question:
I have a valid H1 and spouse has H4 stamped on PP until Oct 2009. We are travelling out of the country in Oct and we will be back in OCt end (myself) and mid Dec (spouse).

Here are the questions:

1) Would it be a problem to enter if (by chance) GC is approved while outside (will not having an AP be an issue while entering as H1/ H4 is invalid immediately)

2) What if the GC is approved after I come back and before she is here. Can I just mail her the GC and will that be legally valid

The reason I am asking the above two questions are, I read few articles where people mentioned that it might be a problem to enter on H1/ H4 if GC is approved while out of the country and it is always safer to travel with a AP so that AP can be used at POE if GC is approved ..if not can enter on H1/ H4

1) Can we apply for AP now even though our H1/ H4 will not expire until Oct 2009.

Thank you in advance
 
sdrblr said:
Can the experienced please help with this question:
I have a valid H1 and spouse has H4 stamped on PP until Oct 2009. We are travelling out of the country in Oct and we will be back in OCt end (myself) and mid Dec (spouse).

Here are the questions:

1) Would it be a problem to enter if (by chance) GC is approved while outside (will not having an AP be an issue while entering as H1/ H4 is invalid immediately)

2) What if the GC is approved after I come back and before she is here. Can I just mail her the GC and will that be legally valid

The reason I am asking the above two questions are, I read few articles where people mentioned that it might be a problem to enter on H1/ H4 if GC is approved while out of the country and it is always safer to travel with a AP so that AP can be used at POE if GC is approved ..if not can enter on H1/ H4

1) Can we apply for AP now even though our H1/ H4 will not expire until Oct 2009.

Thank you in advance
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Since H1 is a dual intent visa Entering on H1 after the green card approval is not a problem. Moreover Your PD does not seems to be current. Hence it should not be problem at all

Having the Advance parole is like insurance. Some one looses the H1 job
 
thanks

Since I am going in October and USCIS is so unpredictable :) I want to be sure that I dont mess up things.

So are you telling me that it is ok for the GC to be approved when outside the country on H1/ H4. What would happen if H1's GC is approved while the spouse on H4 is not. This has happened to my friend where he was primary and got approved in Aug 2007 while his wife is still waiting.

In my case I see a problem for my wife to enter on H4
 
sdrblr said:
thanks

Since I am going in October and USCIS is so unpredictable :) I want to be sure that I dont mess up things.

So are you telling me that it is ok for the GC to be approved when outside the country on H1/ H4. What would happen if H1's GC is approved while the spouse on H4 is not. This has happened to my friend where he was primary and got approved in Aug 2007 while his wife is still waiting.

In my case I see a problem for my wife to enter on H4
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why confused? you and your wife can apply for AP now and go after AP is approved. FYI if GC is approved while you are out of US then you can enter with AP . you can also enter with H1 and at POE they will know that you have I-485 approved and will admit you.
 
Thanks Ginnu

I was looking at filing AP online and noticed I have 2 different A#s (one on approved 140 and a second on my EAD) which one to use.

also for my wife since she has no 140, do I just use the A# on her EAD.
 
sdrblr said:
Thanks Ginnu

I was looking at filing AP online and noticed I have 2 different A#s (one on approved 140 and a second on my EAD) which one to use.
---------what is A# on YOUR I-485 filing reciept? use that A# on. I think that your EAD has correct A# as EAD is based on Pending I-485
also for my wife since she has no 140, do I just use the A# on her EAD.
----her A# is on her I-485 filing reciept.
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Check your I-485 Reciept and your wife I-485 reciept and you will find YOUR A# on your I-485 reciept and her A# on her I-485 filing reciept. If the I-485 filing reciepts are not with you then ask the lawyer for your Reciepts
 
sdrblr said:
Thanks Ginnu

I was looking at filing AP online and noticed I have 2 different A#s (one on approved 140 and a second on my EAD) which one to use.

also for my wife since she has no 140, do I just use the A# on her EAD.
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Some people get A# from applications other than I-485 e.g J2 applied for working permit and others. Once you applied for I-485 you will be issued new A# and this is the one you are going to use foreever.
 
mmed said:
Some people get A# from applications other than I-485 e.g J2 applied for working permit and others. Once you applied for I-485 you will be issued new A# and this is the one you are going to use foreever.
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Ideally you should have only one A#. They issue second one because they did not find the old one. But it can cause lot of grief later. It is better to write the old one while apply for the I-140. He should go to local office and ask them to merge the file.
 
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I checked on this with couple of my friends who had their F1 OPT. They also have 2 A#s. One set matches their F1 OPT and 140 where as their 485 and EAD has a second set. Looks like a trend
 
number30 said:
Ideally you should have only one A#. They issue second one because they did not find the old one. But it can cause lot of grief later. It is better to write the old one while apply for the I-140. He should go to local office and ask them to merge the file.
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This is not true. My wife had A# from J2 EAD which I wrote in my I-140 and her I-485 and she got completely different A# for her I-485 and I think this is how it goes.
 
mmed said:
This is not true. My wife had A# from J2 EAD which I wrote in my I-140 and her I-485 and she got completely different A# for her I-485 and I think this is how it goes.
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He has different A# for EAD and I-140. So in future they may not be able to link the EAD to the approved I-140. There was similar case in Dallas. He got EAD denial saying I-140 is not pending. The case got resolved after going through Senator and Local office. It took six months.

So going to Local office and merging the files is the better and pro-active solution
 
tammy2 said:
He has different A# for EAD and I-140. So in future they may not be able to link the EAD to the approved I-140. There was similar case in Dallas. He got EAD denial saying I-140 is not pending. The case got resolved after going through Senator and Local office. It took six months.

So going to Local office and merging the files is the better and pro-active solution
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I think the EAD with different A is not the EAD applied on the basis of Pending I-485 it is an old EAD from previous application if I understand it correctly.
 
yes.. Just to make sure I am clear on this

F1 OPT(this was few years ago even before my LC was filed)--- A#123456

I 140 - A#123456

EAD(I-765 based on pending AOD) - A# 763333
485 Receipt - A# 763333
 
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