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Posted on 10 Aug 2011
Q.

Wife admitted at POE as H4, but it was invalid by then

Me and wife were on vacation in India and my EB dates were current. Wife returned on June5th, admitted with H4 status and immediately applied I485 with new I94 and recvd recpts for 485,EAD and AP.I got email on June 15th that my I485(jul07) was apprvd and a notice sent on June5th. I came back on AP and found my card and notice in mail. Card and notice said my case was approved on June1st.
1) Now what would be my wife's situation? Is She protected from 245(k)?But that's only for 'out of status' cases. But is her entry 'unlawful'? Would they deny it straight, or atleast call for interview/RFE. We have the proof.
2)If FTJ, I heard if GC copy given, no need for I824. Our consulate is Chennai, India.
Need your advise.Should she just wait and watch, or take infopass appointment to clarify.

User's Location: San Jose, California, United States of America
Category: Employment-based Green Card
Posted on 11 Aug 2011
A.
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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