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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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  #1 (permalink)  
Old 05-01-2011, 06:38 PM
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Default H4 dependet travelling while primary applicants I485 PD becomes current

Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.

Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.

My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.

One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.

My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?

Thanks.
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  #2 (permalink)  
Old 05-01-2011, 11:19 PM
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Well, It is good that you believe there is even a slim chance that Dec '06 will become current !!! I do not think so at least this FY '11. Sorry for my pessimistic outlook !!! But that is the case.

If your 485 is approved, while your Spouse on H4 is out of country, who has not yet filed 485 and do not have AP, will not be able to travel as the non-immigration visa is void once your become a LPR. You might have to do a Consular process or file following-to-join you which could take significant time. It is better, she return immediately on H4 once you know your date will be current for following month in Visa Bulletin as Dept. of state at least release this data couple weeks ahead, Else you might end freeing a visa number to some one on line after you in EB2 category or for an EB3 person upgrading to EB2

For immigration issues, my suggestion will always be to get counsel from an attorney then forum as each case is different.
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  #3 (permalink)  
Old 05-01-2011, 11:29 PM
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Default

I understand that the chance is slim.... almost microscopic But I need to prepare for the worst case (or is it the best...?? ) hence the question.
Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?

Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.

Thanks again.
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  #4 (permalink)  
Old 05-02-2011, 10:38 AM
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I beleive that there is a good chance your PD will be current this Fiscal year and she must be present here to file her AOS
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  #5 (permalink)  
Old 05-02-2011, 10:54 AM
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Post Check this out

Read this on recent news letter ...

MurthyDotCom : I-485 Approvals Possible - Impact on Spouse / Children

seems same as your case ... you spouse needs to be back into US and filled AOS application before you AOS is approved and you loose your Non-immigrant status ... this is a bit tricky situation - specially to time everything so that no one loose the window of opportunity ... so would suggest you to plan accordingly ...



Quote:
Originally Posted by amenon View Post
Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.

Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.

My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.

One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.

My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?

Thanks.
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  #6 (permalink)  
Old 05-02-2011, 11:52 AM
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Quote:
Originally Posted by amenon View Post
I understand that the chance is slim.... almost microscopic But I need to prepare for the worst case (or is it the best...?? ) hence the question.
Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?

Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.

Thanks again.
Yes, CP depends on PD as well. The best option for you is to have her fly back to US once the Visa bulletin shows your PD as current and start the prep work (documents, medical tests etc) and file her case along with AP/EAD so once she gets her AP approval, she is free to travel again.
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