eyeongc
11-18-2009, 10:23 AM
Guys,
Me (as primary) and my wife are July 2007 filers and have our EAD and AP till end of 2010. I also have my H1b approved till 2012 but not stamped yet. My wife currently is in AOS status (comp didn't file for her H4 ext when they applied for my 7th yr H1b ext) but she has not used her EAD. We are planning to travel India next month and get our passport stamped (H1b for myself and H4 for my wife). I've couple of questions
1) Can someone confirm getting H4 for my wife will be treated as abandoning her I-485 because she is currently in AOS status? I don't think so but just want to confirm
2) In form DS156 for my wife what should I answer to this question "Has anyone ever filed an Immigrant Visa Petition on your behalf ?" or to be specific I-485 is treated as immigrant visa petition or I-140 is (in which case answer to this question will be no as her gc is applied as dependent)?
Thanks
Me (as primary) and my wife are July 2007 filers and have our EAD and AP till end of 2010. I also have my H1b approved till 2012 but not stamped yet. My wife currently is in AOS status (comp didn't file for her H4 ext when they applied for my 7th yr H1b ext) but she has not used her EAD. We are planning to travel India next month and get our passport stamped (H1b for myself and H4 for my wife). I've couple of questions
1) Can someone confirm getting H4 for my wife will be treated as abandoning her I-485 because she is currently in AOS status? I don't think so but just want to confirm
2) In form DS156 for my wife what should I answer to this question "Has anyone ever filed an Immigrant Visa Petition on your behalf ?" or to be specific I-485 is treated as immigrant visa petition or I-140 is (in which case answer to this question will be no as her gc is applied as dependent)?
Thanks