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Posted on 08 Sep 2011
Q.

Spouse I-485/AP/EAD while working outside USA

Me= Indian citizen on H1B with I-94 valid till sep 2012.140 approved in Eb2.PD is NOv 2007.Waiting to file 485. Think it will be summer 2012.
Wife= Canadian citizen (Indian birth) on H4 dep visa with I-94 valid till sep 2012. Residing with me in NJ for last 2 years. We dont drop both our I-94 when we visit Toronto (Automatic revalidation)
Situation: Wife wants to move back to canada or Korea to work.
Question
1. Can she leave US drop/Keep her I-94 and I can apply for both our 485/EAD/AP when current say 2012 summer or will she have to reside in USA when we apply 485/EAD/AP application for both of us
2. Can she come once EAD is approved or for finger printing- Issues?
3. Since she is canadian citizen she can enter US without H4 but will I have to maintain H4 to apply for 485/EAD/AP.

User's Location: hackensack, New Jersey, United States of America
Category: Employment-based Green Card
Posted on 08 Sep 2011
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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