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Uncommon situation - 140 approved, family needs to stay out of country Uncommon situation - 140 approved, family needs to stay out of country
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  #1 (permalink)  
Old 08-14-2009, 01:17 AM
Junior Member
Priority Date
:
Jan-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
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I485 Mailed Date
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Join Date: Aug 2008
Posts: 2
parapup is on a distinguished road
Default Uncommon situation - 140 approved, family needs to stay out of country
I am not sure how common this situation is but here it is -

I am on H-1B, my I-140 was approved few months ago and my PD is Jan 2008. I have 3 dependents - my wife and my son are on H4 and my daughter who was born here.

Our I-94 was extended till 2011 based on the approved I-140.

Problem
----------
My wife and kids need to stay out of the country for possibly a year or so while I continue on my current job. How would this impact my GC process?

If things improve a great deal on PD and it becomes current while my family is not in the country what would be the outcome of this (horribly unlikely) scenario?

If things stay as they are and PD does not become current and my family returns in an year how would that have any impact?

Also, all of us have our VISAs expired - only I-94 is valid till 2011. I am not going out of country, only my family will be. If my family needs to come back - just they going and stamping the VISA without me would not be a problem, correct?

If anyone has been through similar situation I would love to hear from them.

Thanks in advance!

Good Luck to Y'all for your aspirations.
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  #2 (permalink)  
Old 08-16-2009, 05:56 PM
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Priority Date
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Feb-10
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I140 Mailed Date
:
03/17/2011
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sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute
Default
Family getting visa stamped w/o you is a common situation. you should not worry on that front.
Don't know about your other issue.

hope you would the answer soon. let us know on this thread if you get an answer and what you did ultimately.

take care. all the best.
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  #3 (permalink)  
Old 08-16-2009, 06:01 PM
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Mar-06
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txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future txh1b has a brilliant future
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Your family can remian out of the country without any problems and return again by going for a visa stamp. I would suggest them to get a visa stamped right away and have it ready for the unlikely even of the PD becoming current in the near future. If that happens, they can travel immediately to US to have to file AOS for them along with you. AOS can only be filed when they are in the country.

Rest all is good with your case and no reason to worry at all.
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  #4 (permalink)  
Old 08-17-2009, 01:04 AM
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Priority Date
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Jan-08
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I140 Mailed Date
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I485 Mailed Date
:
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parapup is on a distinguished road
Default
Thanks to you both for your replies.

That's good news for me - I heartily agree with your suggestion that they should go for VISA stamping as soon as practical so they can come over if god blesses us all and the PD becomes current soon (Well well - that's the hope! )

I will also check with my company lawyer and update this thread with what I find out.

If any one has any other info - please feel free to reply.
Last edited by parapup; 08-17-2009 at 08:30 AM.
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