What if ??? Ginuu or Gurus ...Please suggest..

U

ulhas

Registered Users (C)
Hi all,
My wife left for India last week on vacation. She will be there for two months. Due to urgency we never got chance to apply for AP.
My question is, what if during her stay in India, here our I-485 gets approved ? Can she return without any problem. Both of us have our EAD, but we never used our EAD and my H1 and her H4 is valid till Dec 2006.
Please suggest ....I know that I can not apply for her AP as she is outside US.
 
ulhas said:
Hi all,
My wife left for India last week on vacation. She will be there for two months. Due to urgency we never got chance to apply for AP.
My question is, what if during her stay in India, here our I-485 gets approved ? Can she return without any problem. Both of us have our EAD, but we never used our EAD and my H1 and her H4 is valid till Dec 2006.
Please suggest ....I know that I can not apply for her AP as she is outside US.
Click to expand...
NO - when 485 gets approved, H1/H4 becomes invalid automatically.

The right thing for her to do would be to come back before 485 approval.

If she had AP, she would get a "Deferred Inspection" at POE -- its not guaranteed with H4/H1.
Just because someone else managed to get in after 485 approval with H stamp really means nothing ... don't risk it.
 
ulhas said:
Hi all,
My wife left for India last week on vacation. She will be there for two months. Due to urgency we never got chance to apply for AP.
My question is, what if during her stay in India, here our I-485 gets approved ? Can she return without any problem. Both of us have our EAD, but we never used our EAD and my H1 and her H4 is valid till Dec 2006.
Please suggest ....I know that I can not apply for her AP as she is outside US.
Click to expand...


If her 485 is approved while she is out of this country then she
cannot enter on H4 for sure. I do believe you can still apply for her
AP while she is outside US. all that you need is copies of her PP,last I-94
etc...check all required docs for AP and apply it ASAP.
 
ulhas said:
Hi all,
My wife left for India last week on vacation. She will be there for two months. Due to urgency we never got chance to apply for AP.
My question is, what if during her stay in India, here our I-485 gets approved ? Can she return without any problem. Both of us have our EAD, but we never used our EAD and my H1 and her H4 is valid till Dec 2006.
Please suggest ....I know that I can not apply for her AP as she is outside US.
Click to expand...

as suggested by max it would make more sense if she comes back
b4 her 485 approval. also once her 485 is approved you cant apply for her AP...
 
fast_gc_seeker said:
I do believe you can still apply for her
AP while she is outside US. all that you need is copies of her PP,last I-94
etc...check all required docs for AP and apply it ASAP.
Click to expand...

-- I am not sure if that is a true statement. AP has to be applied while one is in US.
 
ulhas said:
Hi all,
My wife left for India last week on vacation. She will be there for two months. Due to urgency we never got chance to apply for AP.
My question is, what if during her stay in India, here our I-485 gets approved ? Can she return without any problem. Both of us have our EAD, but we never used our EAD and my H1 and her H4 is valid till Dec 2006.
---- if you mantain H1 status and I-485 gets approved for you and for her and she has H4 visa stamp she will be ADMITTED to US at POE and next day she can go for GC stampnig in her passport.
Read the similar question posted by someone to Murthy:
http://www.murthy.com/chatlogs/chat0913.html


Chat User : Thanks for this valuable service. If the I-485 is approved while one is outside of the U.S., can one reenter on H status, assuming it's valid?

Attorney Murthy : Yes, a person is allowed to reenter the U.S. either on the AP or the H1B visa stamp with the original H1B approval notice at the port of entry, and then, after entry, the person should go to the local office with the I-485 approval notice to obtain the GC stamp in the PP.
Please suggest ....I know that I can not apply for her AP as she is outside US.
Click to expand...
 

That is very interesting Ginnu.

If thats true then why would USCIS have something like AP
which serves only one purpose ie. to give entry permit for pending
AOS folks. why would people spend money applying for AP
when they can enter on their valid visas? also I believe
H1 status immediately expires once 485 is approved and
thats why AP 'must' be used to enter.

check out following link for some useful info

http://www.immihelp.com/gc/aos/eadap_h1.html


I guess if the statement Ginnu made is coming from Sheila Murthy
it carries more value ..but for me it dosent make any sense at all.
 
fast_gc_seeker said:
That is very interesting Ginnu.

If thats true then why would USCIS have something like AP
which serves only one purpose ie. to give entry permit for pending
AOS folks.
---becase many dont have H1 valid visa stamp or not on H1 status, if one has H1B or H4 visa stamp one can enter on H1 H4 OR can use AP if not on H1 or H4
why would people spend money applying for AP
when they can enter on their valid visas?
---- they apply AP for saftey becase many dont have H1 visa stamp or fear of H1 visa stamping rejection/delay from consulates if they apply.

for more info you need to read the below memo:
http://shusterman.com/cronin51600.html

also I believe
H1 status immediately expires once 485 is approved and
thats why AP 'must' be used to enter.

check out following link for some useful info

http://www.immihelp.com/gc/aos/eadap_h1.html


I guess if the statement Ginnu made is coming from Sheila Murthy
it carries more value ..but for me it dosent make any sense at all.
Click to expand...
 
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