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  #1 (permalink)  
Old 03-15-2009, 11:22 PM
Junior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
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Join Date: Feb 2009
Posts: 4
immig_b2_0609 is on a distinguished road
Default Question about my son legal status?

Myself(Husband) & mywife both came on H1B from same employer.
My son got H4 visa through my wife H1B visa.
I (Husband) applied for green card and got EAD for myself & mywife , got Advance parole for myself, mywife & myson and are in 485 pending AOS status,
My Wife is taking permanent job with EAD (EAD is through my Greencard process)
If employer cancels my wife H1B she will come to EAD status.
I am not sure what will be the status of my son who is currently on H4 visa through my wife H1B visa.
My son got Advance Parole and 485 pending status through my green card.
Do I need to apply for H4 visa for my son or will my son be ok on pending AOS status ?
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  #2 (permalink)  
Old 03-16-2009, 12:05 AM
Senior Member
Priority Date
:
Nov-06
Category
:
EB2
I140 Mailed Date
:
12/29/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: May 2007
Posts: 181
piyu7444 is a splendid one to behold piyu7444 is a splendid one to behold piyu7444 is a splendid one to behold piyu7444 is a splendid one to behold piyu7444 is a splendid one to behold piyu7444 is a splendid one to behold
Smile His status is AOS !

Quote:
Originally Posted by immig_b2_0609 View Post
Myself(Husband) & mywife both came on H1B from same employer.
My son got H4 visa through my wife H1B visa.
I (Husband) applied for green card and got EAD for myself & mywife , got Advance parole for myself, mywife & myson and are in 485 pending AOS status,
My Wife is taking permanent job with EAD (EAD is through my Greencard process)
If employer cancels my wife H1B she will come to EAD status.
I am not sure what will be the status of my son who is currently on H4 visa through my wife H1B visa.
My son got Advance Parole and 485 pending status through my green card.
Do I need to apply for H4 visa for my son or will my son be ok on pending AOS status ?
His status is AOS. Unless a decision is made on your GC he needs no other visa or documentation to be in USA. If your GC application gets denied (Should not happen ever) then you lose AOS and you will have to talk to an attorney to see how long you can be in US - for the sake of filing an MTR etc.

Once a person files for 485 and application is pending a decision they can be in US without a VISA. If you travel outta US and needs re-entry that could be done useing AP. Hope this helps........
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