Immigration Voice

Immigration Voice (https://immigrationvoice.org/forum/)
-   Travel out of country and re-entry during/after 485 filing (https://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/)
-   -   Green Card Pending Applicant to H4 for entering back to US! (https://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/13047-green-card-pending-applicant-to-h4-for-entering-back-to-us.html)

KARAAND 09-04-2007 10:15 PM

Green Card Pending Applicant to H4 for entering back to US!
 
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.

gcpadmavyuh 09-04-2007 10:39 PM

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 (Post 159677)
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.


SDdesi 09-04-2007 10:53 PM

More information provided here:

http://www.uscis.gov/propub/template...ash=0-0-0-9171

Basically, any person holding a valid H status (H1 or H4) can travel outside the country without affecting the AOS application as described in the section.

Quote:

(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa ( if required) and the original I-797 receipt notice for the application for adjustment of status. The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 sta tus, and, the alien is in possession of a valid H-4 or L-2 visa (if required) and the original copy of the I-797 receipt notice for the application for adjustment of status. The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remain s eligible for K-3 or K-4 status. (Amended 8/14/01; 66 FR 42587 ) (Revised effective 4/1/97; 62 FR 10312 )
I am not a lawyer.....just a good friend

gcpadmavyuh 09-05-2007 01:10 AM

Good article...

485 is not considered abandoned when you leave the country. Just the AP if you leave before the approval of AP.

There are some cases where you enter stale mate if you are outside the country without AP, and your GC is approved.

For eg, if some one on H4 went out of country without AP approval, USCIS considers your AP abandoned. One might have an option of coming back to US on H4, only if the primary's 485 is not approved yet. But if it is approved, the primary is not on H1 any more and H4 is invalidated. This is exactly the the case where having an AP would help.

Quote:

Originally Posted by SDdesi (Post 159697)
More information provided here:

http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&do c_hit=1&doc_searchcontext=jump&s_context=jump&s_ac tion=newSearch&s_method=applyFilter&s_fieldSearch= nxthomecollectionid|SLB&s_fieldSearch=foliodestina tion|8cfrsec2452&s_type=all&hash=0-0-0-9171

Basically, any person holding a valid H status (H1 or H4) can travel outside the country without affecting the AOS application as described in the section.



I am not a lawyer.....just a good friend



All times are GMT -4. The time now is 01:31 PM.

Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org