| Q. |
what can be the Back up plan if H4 is not stamped in India ?
I am currently in US with H1 visa approved (Not stamped). My wife and son applied for AP in May first week 2008 and they left (before they actually receive approved APs) as her condition was serious & they leave on emergency..Now I have asked her to go for H4 stamping in Delhi, India to cover the risk for coming back on AP as that was not with her when she left.
My Q IS;--
Will it effect her pending AOS in any form if she comes on H4 visa stamped as she applied for AP also when in US...Would that be conflicting or harmful to our current AOS, when she comes on H4..Do we have any risk here so that her our AOS is not effected..? She never worked on EAD.Any documents suggestions.If her H4 Visa is denied, what can be done/Back up so that she can come to US ? Can she use AP later ?
User's Location:
North Brunswick, New Jersey, United States of America
Category:
Employment-based Green Card
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| A. |
Not likely that anyone in the government is tracking the fact that AP was received AFTER departure from US.
Wife and son should be able to present AP for return to the US.
Back-up plan to get H-4 visa also is of course a good idea.
Any claim of abandonment of AOS by virtue of premature departure without AP can always be fixed by re-filing AOS, if necessary.
Warm regards,
Jim |
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James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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