very urgent ap question pl advice

K

kshathrya

Registered Users (C)
I am in H1 and my 485 is in the final stages of approval
may 2003 receipt and rfe responded on feb 2005

my wife is in h4 now. she needs to travel outside and its very important. but we applied for her ap just 2 weeks back. now, i have sent fax to ins, asking them to expedite her ap, with the emergency details and doc certificate and such.

she has to leave now in h4 if the ap doesnt come through in 3days, and i am sure it wont come by then. what is teh procedure for her to come into the country if my gc gets approved in next 10 days and she is still outside this country.

please advice. very urgent.
 
If the h4 is still valid and stamped on the passport when she returns she would still be OK and go for GC stamping once she returns in case it is approved when she is not in the US. The AP itself is of no use to her if she leaves before it reaches her. If she does not have h4 stamp on passport I guess it is risky as consulate may refuse to stamp in case the GC gets approved in the meantime. My wife had been to India without AP but with valid H4 but she got in before our GC was approved. All this is knowledge based on posts I have read on this forum. Others please comment.

Yeppo
 
ap

currently she has a valid h4 stamped on her passport

but when my gc gets approved, and she is outside, can she come back...as her h4 goes invalid if my gc gets approved (as my h1 goes invalid)?

what are her options to come back in that case?
 
kshathrya said:
currently she has a valid h4 stamped on her passport

but when my gc gets approved, and she is outside, can she come back...as her h4 goes invalid if my gc gets approved (as my h1 goes invalid)?

what are her options to come back in that case?
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as long as she has maintained H4 status[not used EAD], i guess she should be good to enter on H4. keep copies of 485/AP receipt.
 
kshathrya said:
but will her h4 be invalid, when my gc gets approved...?
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lets say she outside US and ur 485 is approved. Officially u r a permanent resident only when you get 485 approval notice in mail. Even if that happens POE officers will not be aware immediately so my guess is ur wife will be allowed to enter on valid stamped H4. make sure she dosent stay outside for too long ie. until ur PP is stamped or later.
 
kshathrya said:
but will her h4 be invalid, when my gc gets approved...?
Click to expand...
I think the real battle is getting the airline to allow your wife to board, which they should hopefully do without question if they see a valid H4 stamp. If both your GCs get approved whilst she is out of the country then the H4 will be invalid, but she will be a permanent resident and I can't see that the US could refuse admission. If however your GC is approved but her's isn't then the situation is less clear because the H4 will be invalid, but she will not be a permanent resident. Ideally, one should have AP to avoid this potential problem. However, I would have thought that a good lawyer could argue for your wife if this occured since she travelled on the H4 in good faith.
 
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