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barsha
06-26-2007, 12:27 PM
Me and my husband are filing for an adjustment of status. Currently my husband resides and works outside USA.

Will it be fine if he resides outside of USA at the time of filing our adjustment of status?

Just being curious, ppl who files as a couple while wife residing in India?

Please advise!

mrdelhiite
06-26-2007, 12:29 PM
Me and my husband are filing for an adjustment of status. Currently my husband resides and works outside USA.

Will it be fine if he resides outside of USA at the time of filing our adjustment of status?

Just being curious, ppl who files as a couple while wife residing in India?

Please advise!


my understanding is u cannot adjust teh status till u have a legal status. I think he needs to be in us. Also consult a lawyer
-M

dpp
06-26-2007, 12:31 PM
Me and my husband are filing for an adjustment of status. Currently my husband resides and works outside USA.

Will it be fine if he resides outside of USA at the time of filing our adjustment of status?

Just being curious, ppl who files as a couple while wife residing in India?

Please advise!


Yes, person has to be in USA legally to file for Adjustment of status. Otherwise there is no meaning to that as Consular processing is there for people staying outside of USA.

a_yaja
06-26-2007, 12:31 PM
Me and my husband are filing for an adjustment of status. Currently my husband resides and works outside USA.

Will it be fine if he resides outside of USA at the time of filing our adjustment of status?

Just being curious, ppl who files as a couple while wife residing in India?

Please advise!
You cannot file AOS if you are outside USA.
AOS = Adjustment of Status
Adjust of Status = Adjusting status to that of a legal permanant resident from someother status
"Some Other Status" can only be obtained if the person is in the US already

It is better for your husband to come back to the US and file for AOS.

My friend's wife is out of the country on a "long vacation". But she has cut short her vacation to return to the US and file for AOS.

barsha
06-26-2007, 01:25 PM
My husband is in H4 visa, so he has a legal status. But it would be hard for him to take leave from work, right now.

I heard many stories about persons who came here with the green card specially from India. How did that happen?

mrdelhiite
06-26-2007, 01:35 PM
You cannot file AOS if you are outside USA.
AOS = Adjustment of Status
Adjust of Status = Adjusting status to that of a legal permanant resident from someother status
"Some Other Status" can only be obtained if the person is in the US already

It is better for your husband to come back to the US and file for AOS.

My friend's wife is out of the country on a "long vacation". But she has cut short her vacation to return to the US and file for AOS.

he wont have a I94 till he is outside ... you need that to apply



now the question is does the person has to stay in US till he gets a recepit ( for I145 ) or can he coem in coutry apply and then go back next day

read this for people who want to apply AP... i dont really care about AP ..so does perosn has to stay till recepit

http://immigrationvoice.org/forum/showthread.php?t=5621&highlight=risk

-M

gc_check
06-26-2007, 01:36 PM
My husband is in H4 visa, so he has a legal status. But it would be hard for him to take leave from work, right now.

I heard many stories about persons who came here with the green card specially from India. How did that happen?

To file I-485, the applicant has to be physically present in the USA. Alternate option will be filing Consular Option, but with the current system, we all know the retrogression is not to far and if it happens, you will not be able to utilize the benefits that you get by having EAD/AP/etc... Since your husband is on h4, it will be better to get into USA, then file I-485 along with EAD and he can start looking for job here in USA in 3-4 months time.

eager_immi
06-26-2007, 01:47 PM
If you want to file for him he has to be here, there is no ways about it. My husband is in H4 visa, so he has a legal status. But it would be hard for him to take leave from work, right now.

I heard many stories about persons who came here with the green card specially from India. How did that happen?

a_yaja
06-26-2007, 01:51 PM
My husband is in H4 visa, so he has a legal status. But it would be hard for him to take leave from work, right now.

I heard many stories about persons who came here with the green card specially from India. How did that happen?
You can get GC from Indian Consulate if you opt for Consular Processing (CP). But with date retrogression looming large over the horizon, even if the CP packet is delivered to the consulate in India, the consulate will not grant the GC till the dates become current.

Your husband can always come to the US, file for AOS and return to India after the receipt has been issued. He can always come back on H4 later on or he can start looking for a job here in the US if he comes over here and applies for AOS and EAD. Usually, EAD is supposed to arrive within 90 days of applying. During those 90 days, he can look for a job over here.

Finally it is a personal decision. If you and your husband want to take the chance and go the CP route no one can force you/ your husband to go the AOS route.

mrdelhiite
06-26-2007, 02:20 PM
You can get GC from Indian Consulate if you opt for Consular Processing (CP). But with date retrogression looming large over the horizon, even if the CP packet is delivered to the consulate in India, the consulate will not grant the GC till the dates become current.

Your husband can always come to the US, file for AOS and return to India after the receipt has been issued. He can always come back on H4 later on or he can start looking for a job here in the US if he comes over here and applies for AOS and EAD. Usually, EAD is supposed to arrive within 90 days of applying. During those 90 days, he can look for a job over here.

Finally it is a personal decision. If you and your husband want to take the chance and go the CP route no one can force you/ your husband to go the AOS route.

you used this line "return to India after the receipt has been issued. " i think this is a requirement only if you are applying AP.... considering 1million people filing in July the recepits might take 3/4 months to come ... please correct me if i am wrong.

-M

royus77
06-26-2007, 02:31 PM
you used this line "return to India after the receipt has been issued. " i think this is a requirement only if you are applying AP.... considering 1million people filing in July the recepits might take 3/4 months to come ... please correct me if i am wrong.

-M


Is it that you should be present in US on the date of the application or the day it was received by USICS or until USICS generates a recipt notice ?Since a million of applications will be coming on July 1 it may take atleast couple of weeks to send the RD .

a_yaja
06-26-2007, 02:38 PM
you used this line "return to India after the receipt has been issued. " i think this is a requirement only if you are applying AP.... considering 1million people filing in July the recepits might take 3/4 months to come ... please correct me if i am wrong.

-M

From Form I-485:

Travel outside the United States for adjustment ofs tatus applicants under sections 209 and 245 of theAct, and Registry applicants under section 249 of the Act.

Your departure from the United States (including brief visitsto Canada or Mexico) constitutes an abandonment of your adjustment of status application, unless you are granted permission to depart and you are inspected upon your return to the United States. Such permission to travel is called''advance parole.'' To request advance parole, you must file Form I-131, Application for Travel Document, with theappropriate fee at the USCIS office where you applied foradjustment of status.


Exceptions.
A. H, L, V or K3/K4 nonimmigrants:
If you are an H, L,V, or K3/K4 nonimmigrant who continues to maintain his or her status, you may travel ona valid H, L, V or K3/K4 visa without obtaining advanceparole.


It is clear from the above statement that if you have a valid H status, then you can travel. However, what is not clear is what happens if you travel without a receipt notice.

For e.g., let us assume that you have submitted the application to USCIS on July 2nd and you leave the country on July 3rd. Assume that it takes USCIS a week to process and receipt the application and they finally issue a receipt notice with a date of July 9th. Technically speaking, does this mean that you have filed for AOS when you are not present in the country?

I don't know if USCIS has a clear rule to interpret the above scenario. They may have a clear rule or it may depend on the officer handling the case. Remember, they can always look up your case in their system to determine when you left the country.

The best course of action is to ask your lawyer if you can mail the application to USCIS and then leave the country without waiting for a receipt.

Also remember that if the H1 applicant uses EAD to work, then the H4 is no longer valid as H4 status depends on the H1 status. If the H1 status is lost, the H4 is automatically lost as well.

mrdelhiite
06-26-2007, 03:09 PM
From Form I-485:

Travel outside the United States for adjustment ofs tatus applicants under sections 209 and 245 of theAct, and Registry applicants under section 249 of the Act.

Your departure from the United States (including brief visitsto Canada or Mexico) constitutes an abandonment of your adjustment of status application, unless you are granted permission to depart and you are inspected upon your return to the United States. Such permission to travel is called''advance parole.'' To request advance parole, you must file Form I-131, Application for Travel Document, with theappropriate fee at the USCIS office where you applied foradjustment of status.


Exceptions.
A. H, L, V or K3/K4 nonimmigrants:
If you are an H, L,V, or K3/K4 nonimmigrant who continues to maintain his or her status, you may travel ona valid H, L, V or K3/K4 visa without obtaining advanceparole.


It is clear from the above statement that if you have a valid H status, then you can travel. However, what is not clear is what happens if you travel without a receipt notice.

For e.g., let us assume that you have submitted the application to USCIS on July 2nd and you leave the country on July 3rd. Assume that it takes USCIS a week to process and receipt the application and they finally issue a receipt notice with a date of July 9th. Technically speaking, does this mean that you have filed for AOS when you are not present in the country?

I don't know if USCIS has a clear rule to interpret the above scenario. They may have a clear rule or it may depend on the officer handling the case. Remember, they can always look up your case in their system to determine when you left the country.

The best course of action is to ask your lawyer if you can mail the application to USCIS and then leave the country without waiting for a receipt.

Also remember that if the H1 applicant uses EAD to work, then the H4 is no longer valid as H4 status depends on the H1 status. If the H1 status is lost, the H4 is automatically lost as well.

yup 100% correct, also what u posted is a correct statement with USCIS...

its a law and they do not say anything about the receipt... my reason for asking ( and i will discuss this with teh lawyer) is to do a prepone a small marriage which was to happen in Nov ..make my wife get a visa on h4 .. make her come here for a day or 2 and then apply I145 at that time .. she would need to go back and in Nov we get married in the Indian way and she comes here .. :-) .. Complicated and expensive option but if there is a chance i dont wana miss it :-)

Thanks once again

-M

mrdelhiite
06-26-2007, 03:24 PM
yup 100% correct, also what u posted is a correct statement with USCIS...

its a law and they do not say anything about the receipt... my reason for asking ( and i will discuss this with teh lawyer) is to do a prepone a small marriage which was to happen in Nov ..make my wife get a visa on h4 .. make her come here for a day or 2 and then apply I145 at that time .. she would need to go back and in Nov we get married in the Indian way and she comes here .. :-) .. Complicated and expensive option but if there is a chance i dont wana miss it :-)

Thanks once again

-M


instead of speculating i called USCIS spoke to the rep for almost 30 minutes and he told me there should not be any problem ... the receipt will not have any significance .. the issue is only abt travel and as my wife will be on H4 she wont loose her filed 485 and ability to enter the country ... hope it helps others who are in same boat.

Thank you for your replies and time
-M

miguy
06-26-2007, 03:44 PM
good job

a_yaja
06-26-2007, 04:02 PM
instead of speculating i called USCIS spoke to the rep for almost 30 minutes and he told me there should not be any problem ... the receipt will not have any significance .. the issue is only abt travel and as my wife will be on H4 she wont loose her filed 485 and ability to enter the country ... hope it helps others who are in same boat.

Thank you for your replies and time
-M
Cool!

So are your (preponed) in-laws going to come to the US as well to make sure that no "kus-kusu" happens? Just kidding man! Congragulations and good luck on your marriage :)

barsha
06-26-2007, 04:25 PM
So my husband must be here when my lawyer will send the file to USCIS right? He can return to his country even before getting AOS receipt as long as he has valid H4 status.

Could you please provide me USCIS phone number?

Thanks
barsha

instead of speculating i called USCIS spoke to the rep for almost 30 minutes and he told me there should not be any problem ... the receipt will not have any significance .. the issue is only abt travel and as my wife will be on H4 she wont loose her filed 485 and ability to enter the country ... hope it helps others who are in same boat.

Thank you for your replies and time
-M

mrdelhiite
06-26-2007, 05:05 PM
So my husband must be here when my lawyer will send the file to USCIS right? He can return to his country even before getting AOS receipt as long as he has valid H4 status.

Could you please provide me USCIS phone number?

Thanks
barsha
its on tha uscis website .. hit contact us

barsha
06-27-2007, 12:50 PM
My husband has valid h4 till Spemtember. My concern is should he saty in US until I get 485 receipt?

Can he renew/extend H4 while staying inside USA?

He can not apply for any visa if he leaves US, right? So he should stay in US untill he is done with his finger printings?

How long does it take to get the fingerprintgs paperwork once the file is submitted?

How long does it take to get travel document and EAD? Is there any travel restriction once one gets his/her travel document?

While he is waiting for AOS, can he get admission to a school?

Please advise

PD: 09/26/2006
I-140: 06/26/2007 Approved
I-485: waiting to file

desi3933
06-27-2007, 12:53 PM
My husband is in H4 visa, so he has a legal status. But it would be hard for him to take leave from work, right now.

I heard many stories about persons who came here with the green card specially from India. How did that happen?

You can file I-485 in US and he can file for consular processing at the US consulate as "follow to join". He can't be approved until your I-485 is approved.

One needs to be in the US to file for I-485.

Not a legal advice.
----------------------------------
Green Card holder since May 2002

desi3933 at gmail.com

desi3933
06-27-2007, 12:59 PM
My husband has valid h4 till September. My concern is should he stay in US until I get 485 receipt?
Yes.

Can he renew/extend H4 while staying inside USA?
Yes.

He can not apply for any visa if he leaves US, right?
He can still apply for H4 visa even when I-485 is pending.

So he should stay in US until he is done with his finger printings?
Yes.

How long does it take to get the fingerprints paperwork once the file is submitted?
It could take anywhere from 1 to 6 months.

How long does it take to get travel document and EAD? Is there any travel restriction once one gets his/her travel document?
usually 2 to 4 months for EAD and Travel document. Like, they say in infomercials, individual results vary. He can, however, travel on H4 visa

While he is waiting for AOS, can he get admission to a school?
Yes. Some schools allow in-state tuition for H4 and/or AOS Pending status. Check the school.

Please advise

PD: 09/26/2006
I-140: 06/26/2007 Approved
I-485: waiting to file

See above in Blue.

Not a legal advice.
----------------------------------
Green Card holder since May 2002

desi3933 at gmail.com

barsha
06-27-2007, 01:11 PM
Isn't it too late to extend his H4? Also I heard once one files 485 US consulate don't give any other visa.

but if he could start taking classes with h4 that would be nice. I just feel terrible that he won't be able to work or study...

glus
06-27-2007, 01:15 PM
He needs to be IN THE US in order to be eligible for AOS. Period.
My husband is in H4 visa, so he has a legal status. But it would be hard for him to take leave from work, right now.

I heard many stories about persons who came here with the green card specially from India. How did that happen?

miguy
06-28-2007, 10:28 AM
He needs to be IN THE US in order to be eligible for AOS. Period.

He needs to be in US in order to be eligible for AOS. But, once the application has been sent, can't he leave the country and come back just before his H4 expires?........As long as his H4 is valid, he can go in and out of the country
You need AP only after you start using EAD.

gurus correct me if I am wrong