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Posted on 23 Nov 2010
Q.

I 485 Possibilities and Advice

Hi,
Currently my wife(primary)for GC case. we are Eb2 ROW. Currently going though birth certificate 485 RFE for my wife. I am derivative for this case. We have expired stamps in passport but we do have h1 for my wife and h4 for myself approval notices. We have EAD and AP valid for 1 yr. My lawyer feels we should not use AP and use fresh h1 and h4 stamps to enter into usa to be safe in worst case.
1) If 485 RFE is rejected for my wife, then do we both need to leave the country and enter back on my wife as h1 stamp and me as h4 stamp and reapply for new I 485 process.
2)If we leave the country get h1 and h4 stamped and come back, can we still re apply for new I 485
3)If we leave usa and come back on AP and I 485 is rejected for RFE, do we need to leave usa then.
How do u suggest for us.

User's Location: metuchen, New Jersey, United States of America
Category: H1B Visa (Work Visa)
Posted on 23 Nov 2010
A.
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User_thumb_6_Photo_Andrew_Wilson

Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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