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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 01-17-2009, 02:01 AM
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Priority Date
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Sep-03
Category
:
EB3
I140 Mailed Date
:
03/20/2005
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:
India
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I-485
I485 Mailed Date
:
04/05/2006
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Default Can wife stay in India while 485 is pending?

My PD is September 2003 and my I140 is approved. We filed our 485 in May 2004 and our cases are still pending in Nebraska Service Center.

1. Could you please tell me if my wife can get advance parole and stay in India for more than 6 months while her 485 is pending? I plan to stay in US and continue to work for my sponsoring employer.

2. I was told green card is for future employment and one could stay in India with out jeopardizing the GC, while the case is pending.

a) Is this applicable to dependent or just primary applicant?

b)Is this applicable to adjustment of status cases or just for consular processing?

3. What if she gets a RFE or finger printing notice, when she is in India? - I just got another notice for finger printing today. This is the 4th time, I am getting this.

4. If she can stay in India (say for a year), can she enter US her advance parole expires and possibly renew AP and go back again?

WOULD APPRECIATE IF YOU COULD KINDLY ANSWER THIS.

Last edited by brijesh123; 01-17-2009 at 02:11 AM.
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  #2 (permalink)  
Old 01-17-2009, 02:37 PM
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Priority Date
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Dec-05
Category
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EB2
I140 Mailed Date
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12/09/2005
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India
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I-485
I485 Mailed Date
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08/15/2007
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Originally Posted by brijesh123 View Post
My PD is September 2003 and my I140 is approved. We filed our 485 in May 2004 and our cases are still pending in Nebraska Service Center.


1. Could you please tell me if my wife can get advance parole and stay in India for more than 6 months while her 485 is pending? I plan to stay in US and continue to work for my sponsoring employer.

Yes please do apply for AP , i got mine back in 11 days, so it shld be pretty quick, yes she can stay in india for 6 months while her 485 is pending.

2. I was told green card is for future employment and one could stay in India with out jeopardizing the GC, while the case is pending.

Yes, but if you get RFE or finger printing you need to be present to go to do finger printing.


a) Is this applicable to dependent or just primary applicant?

In case of dependent it is easy than primary applicant

b)Is this applicable to adjustment of status cases or just for consular processing?

AOS also it is fine but you need to come back if you get finger printing notice

3. What if she gets a RFE or finger printing notice, when she is in India? - I just got another notice for finger printing today. This is the 4th time, I am getting this.

Ok if you get finger printing, there is an option available to reschedule it saying the person is out of country, but i believe you can do it once and you can talk to the finger printing center to reschedule it, so dont worry send your wife back home but be ready to come back if there is a FP notice

4. If she can stay in India (say for a year), can she enter US her advance parole expires and possibly renew AP and go back again?

You cannot apply for AP from outside US, so you have to plan for it something like this, apply for AP now, you will get it for 1 year, so like 2 months before expiry , say you apply now you will get it in feb 2009 which is valid till feb 2010, so around nov, dec 2009 she has to come back , and then may be apply another AP and then travel out.
But also be ready to fly back to US if there is a FP notice. Because if you abandon FP calls it is equivalent to losing 485. But as i told earlier you can request for rescheduling once or twice and then you can book her ticket to US so that she can come for FP.



WOULD APPRECIATE IF YOU COULD KINDLY ANSWER THIS.

Lastly, i assume you are on h1b, are you using EAD? not that it matters to your questions...
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  #3 (permalink)  
Old 01-17-2009, 08:14 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
08/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/02/2007
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Default

Quote:
Originally Posted by brijesh123 View Post
My PD is September 2003 and my I140 is approved. We filed our 485 in May 2004 and our cases are still pending in Nebraska Service Center.

1. Could you please tell me if my wife can get advance parole and stay in India for more than 6 months while her 485 is pending? I plan to stay in US and continue to work for my sponsoring employer.

2. I was told green card is for future employment and one could stay in India with out jeopardizing the GC, while the case is pending.

a) Is this applicable to dependent or just primary applicant?

b)Is this applicable to adjustment of status cases or just for consular processing?

3. What if she gets a RFE or finger printing notice, when she is in India? - I just got another notice for finger printing today. This is the 4th time, I am getting this.

4. If she can stay in India (say for a year), can she enter US her advance parole expires and possibly renew AP and go back again?

WOULD APPRECIATE IF YOU COULD KINDLY ANSWER THIS.
My wife had a AP valid till Oct 2009 and went to India. She would be back after 7 months. In your case, as long as your wife has an unexpired AP for re-entry, she should be fine. Yes, she needs to come and do the fingerprinting if there is a notice. You can try to re-schedule though. Information about re-scheduling should be in the finger print notice itself.
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