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H4, dependent wife want to travel in emergency to India on July 3rd, 2022. Will try to enter US on Sep1, 2022 on same EAD PAROLE for which i-140 RFE will be responded by month of July 2022. Will she be allowed to enter US during the RFE result pending status? H4 got the Visa dropbox appointment for March 2023 in India. H1, primary i-140 downgrade case. On Oct 30th,2020 i-140 downgrade applied from EB2 to EB3 {EB3 was current for H1 priority date sep 2013} along with i-485, i-131 travel document and i-765 EAD card for both H1 and H4. BUT i-140 status remained pending for almost 2yrs until June2nd 2022. On April 6th, 2021 biometrics was done for both H1 and H4. Later retrograded. On Feb 28, 2022 EAD card with Advance Parole received for both H1 and H4. Complication: But i-140 status changed to RFE on Jun 2nd 2022. RFE: Employee’s last 5 yrs. experience letters on USCIS format and employer ability to pay. Nebraska center.16.5 months processing time. Assuming by 8th July 2022: Response to RFE: H1 Employer lawyer firm are responding to the RFE. As of now both H1 & H4 have approved i797 until 2025 on EB2 ( approved I-140) on which visa stamping is a possibility.

User's Location: Jersey City, Alabama, United States of America

Category: Employment-based Green Card