june82 Posted February 4, 2018 Report Share Posted February 4, 2018 This is a very unique situation and I need some urgent advise. To start with, I was on H1B and got my EB1A I-140 approved in April 2017 and applied for AOS in April 2017 and received my EAD/AP in June 2017. While my AOS is pending, I got married in September 2017 and my wife came to US on H4 and applied for AOS/EAD/AP as beneficiary derivative of my approved I-140. She had her biometrics in December 2017 and she left US since she was still studying in my home country. I January 2018, my AOS is approved and my wife is outside US on H4 with pending AOS/EAD/AP. I don't know is her H4 is still valid since she has AOS pending and if she can re-enter US. Will USCIS issue EAD/AP while she is away? I understand this is very complicated situation. But any inputs are highly appreciated. Link to comment
pontevecchio Posted February 5, 2018 Report Share Posted February 5, 2018 Look up "Follow to join" and the time frame for getting her here would be a few months after all documentation is submitted. Using a lawyer will make filing the paperwork easier and the process even faster. Link to comment
june82 Posted February 5, 2018 Author Report Share Posted February 5, 2018 Thank you. I had already applied for AOS for my wife. My understanding is follow to join is an alternative for AOS. Link to comment
pontevecchio Posted February 6, 2018 Report Share Posted February 6, 2018 Leaving the country after applying for AOS means the AOS is automatically abandoned and so are the EAD/AP. Link to comment
Lokesh123 Posted April 17, 2018 Report Share Posted April 17, 2018 On 2/5/2018 at 8:11 PM, pontevecchio said: Leaving the country after applying for AOS means the AOS is automatically abandoned and so are the EAD/AP. Isn't AP/EAD denied and AOS will continue in above case, assuming H4 is valid/stamped on passport?. Link to comment
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