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Old 09-04-2007, 10:39 PM
gcpadmavyuh gcpadmavyuh is offline
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
12/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
7/23/2007
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Join Date: Jul 2007
Posts: 108
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Your wife's AP application is deemed abandoned if she leaves the country before approval.

So, if she HAS to leave before AP approval, she has to come back on H4 as your dependent. She may choose to reapply for Ap after she gets here on H4.

I'm assuming her GC wont get approved while she is out of the country. If it does get approved during her stay abroad, things tend to get a little compilcated...

Good luck!

Quote:
Originally Posted by KARAAND View Post
My wife and I have applied for I485 on July 2nd (EB3 Jan 2004) and EAD/AP on Sep 4th after receiving the receipt. I am on H1B and same with my wife. My wife plans to leave her job so she will get on to "Green Card Pedning Applicant Status". We are going to India in Nov and coming back in Dec. I don't think we will get AP by that time. So I will be getting my renewed H1B stamped. Now if my wife doesn't get AP by the time we leave, could she just get H4 stamped and get back to US? please note she is not H4 right now. Will this affect her I485 application? My wife can't continue working which is the best case scenerio.
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