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mohit8

Travel when i485 Pending on H4 , what happens if H4 expires due to spouse get GC

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What Happens when person file I 485, / AP/EAD  in in US   on  h4 Status  and  then leaves the country on valid H4  to India. While she is in India her spouse gets his Green card and she looses her H4 status in India

1.       Will her  Advance Parole  will still be processed and I 485 will not be abandoned .

2.       can she re-enter US  with her Advance Parole  (which I will carry to India).

Detail Description  of my Situation

I am in US, current status= on H1B valid till Dec 2021.

My Green card filled   in EB1 C category ( My Priority Date = April 2017, i-140 approved, i485 processed , i485 interview given on 2nd October  all good)

 I am expecting my  GC any time in next 2 Months to 6  months depending when my Priority Date  gets current .
My family is in India (wife and two school going kids)  and have h4 with them, there GC was not filed with my GC.

Intention  = How can I bring my family  here permanently after April 2020  without consular processing .

They can come any time now to file I 485 application and be here until  finger printing is done, but I am afraid that while they are here and I get my GC they  will loose there h4 status , and cannot travel back until they get there AP however they have to  mandatorily be in India  in month of Feb and march 2020 in India)

Option
I can call my family on H4 now for filing adjustment of status i- 485  (I am expecting that by next month  Nov 2019 Visa bulletin they will be eligible for filing i485.  current filing date for 1st category  is March 2017)

(They have to mandatorily be in India in month of Feb and march 2020 in India so they will travel back just after finger printing is done on H4 status.

1.       Will her  Advance Parole  will still be processed and I 485 will not be abandoned .

2.       can she re-enter US  with her Advance Parole  (which I will carry to India).

 

Please suggest any other option how can we make sure that they can go and come back to India after finger printing is done  without abandoning the I 485  application.

Is there a way to expedite Advance parole.

Is there a way that I can delay my GC so there H4 and MY h1 will remain Valid.

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