| Q. |
Travel - H4 enter before H1
Primary (me) on H1 and wife on H4 both had AP & EAD with I-485 pending. We went out of country and I renewed my H1. My wife entered USA on H4 "a week BEFORE me" with previously stamped H4 visa. I told my wife to use AP only if there was an issue entering on H4. My wife vaguely remembers IO asking about my whereabouts and issued visa.
After 2 months of my last entry I got the GC approval but my wife did not. There were soft LUDs on my wife's I-485 case during my GC approval/CPO.
Is my wife's last entry valid/legal? If it is not and IO allowed her by mistake, What is her current status and how to correct it? Her AP renewal was approved after the last entry. Never used the EAD so far. It has been 5 months since last entry.
Could it be the reason her case was not approved with mine?
User's Location:
Baltimore, Maryland, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
Your wife's last entry was legal and is not a reason for the delay in processing her AOS. |
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Yana Tkachenko
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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