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Rioth

Traveling abroad on F1 with Wife's I-485 in review

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Hi,
My wife got her labour approved a few months ago under EB-1a category. We then filed AOS, EAD, and AP applications for both of us a month ago. However, my application came back telling me that I was ineligible whereas my wife's applications were accepted and in review and shes been called for biometric testing 2 weeks from now.

Our lawyers corrected some small errors on my application and are ready to file BUT a family emergency has come up and I need to travel to India. I am on F1 (wife on H1B) and I know that with an AOS in review I should not be traveling. However now that its been sent back is there any risk in traveling abroad even though my name is on my wife's application as a spouse? Will me traveling now jeopardize mine or my wifes application in any way?

Thank you.

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You do know that PERM is not involved if the facts are as you say. You can come back in H4 status before her petition is approved. Talk to the same lawyers. Have they sent you to Coventry? You are paying them. Talk to them.

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