Immigration Voice

rk2006 · #1 (**permalink**) 11-23-2009, 06:08 PM

Hi,
My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.

My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?

I appreciate for any response!

dealsnet · #2 (**permalink**) 11-23-2009, 10:19 PM

Sorry to hear about your husband's departure from this world.
He was an active member of IV and contributed to it.
I know now you are using his id.
Please share some info about his death. What happen to him?
Is it an accident or he got sick ?
We are praying for you and your kid.

I THINK YOU NEED TO CONTINUE IN H1B. DON'T DISCONTINUE H1B, TILL YOU GET GC.

Quote:

Originally Posted by rk2006

Hi,
My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.

My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?

I appreciate for any response!

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