What happens to H4

A

anotheroneforgc

Registered Users (C)
I am new to this forum and need some serious advice from you guys.

My wife filed her I485/EAD/AP 2 weeks before and had to leave immediately after filing due to some family emergency.
She did not file with me.
I had filed my 140/485/AP/EAD in Feb 2004 in VSC
My 140 got approved in may 2004 and EAD and AP in June 2004 and this week I recieved my finger printing notice. In my case VSC seems to be moving very fast. Now I am worried since my wife does not plans to be back before end of Feb 2005.
What happens to her H4 if my case gets approved before she enters USA or does it automaticaly revokes her H4

Thanks
 
anotheroneforgc said:
I am new to this forum and need some serious advice from you guys.

My wife filed her I485/EAD/AP 2 weeks before and had to leave immediately after filing due to some family emergency.
She did not file with me.
I had filed my 140/485/AP/EAD in Feb 2004 in VSC
My 140 got approved in may 2004 and EAD and AP in June 2004 and this week I recieved my finger printing notice. In my case VSC seems to be moving very fast. Now I am worried since my wife does not plans to be back before end of Feb 2005.
What happens to her H4 if my case gets approved before she enters USA or does it automaticaly revokes her H4

Thanks
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You did not get AP for your wife (as dependent in I-485) by any chance - if you did, then I guess she can use AP - otherwise I really don't know.
 
I am not sure I understand your question correctly. Did you mean whether I applied for AP for my wife then the answer is yes we did before she left. Status for that application is still pending.

Her h4 is valid till June 2005. I am not sure if H4 is invalidated once I recieve my 485 approval.
 
anotheroneforgc said:
I am not sure I understand your question correctly. Did you mean whether I applied for AP for my wife then the answer is yes we did before she left. Status for that application is still pending.

Her h4 is valid till June 2005. I am not sure if H4 is invalidated once I recieve my 485 approval.
Click to expand...
Yes that is what I meant - I am sorry i didn't notice you said she is already gone back to your country. What are the processing dates foir her AP???? She should perhaps return to USA sooner, and wait to receive her AP - only then you are on a safer side. Still, you should ask a lawyer.
 
Following are the dates for her AP

RDate: 08/11/04
NDate: 08/17/04

I have sent a email to my attorney and waiting for reply from them.

But do you know if her H4 will be invalid if my 485 is approved?
 
Her H4 is dependent on your H1. Once your I485 gets approved your H1 status as well as her H4 gets terminated.
 
anotheroneforgc said:
Following are the dates for her AP

RDate: 08/11/04
NDate: 08/17/04

I have sent a email to my attorney and waiting for reply from them.

But do you know if her H4 will be invalid if my 485 is approved?
Click to expand...
Yes it will be invalid (like your H1) if you get I-485 approved. But she has I-485 pending (as your dependent I suppose) so she should be fine. The problem is that she is not in USA in the key moments: her AP approval and your I-485 approval. This is why I think she should wait here in USA. But your lawyer will give you an accurate answer. Good luck!!!
 
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