Please advise, wife need to travel to India....

[Raj M]

Please advise, wife need to travel to India

My Situation is like this.Iam on H1 and my wife on is on H4, our H1 & H4 are expiring this

month( Sep 30th 2011), and we filed for our H1 & H4 extension on Aug 19th 2011, and we are

expecting it be approved around Nov 20th 2011.

If my I-140(Filed Jan 2011) gets approved(mine is Eb3-Eb2), Iam current and i can file for

I-485 along with EAD & AP for both me and my wife. Iam expecting it be approved in 1-2 weeks,

we also have an option of upgrading this I-140 to premium.

We are thinking that she will go to india after filing for I-485 for both of us and getting

I-485 receipt, and will be back on H4 by getting it stamped once my H1 gets approved here.

By the time she comes here she will have EAD and start looking for a job.In the meanwhile if

she gets finger print appointment, we would like to postpone it....,

what is your suggestion? What is right time to travel?....Please advise...

[Belle]

If your PD is current in Eb2, you can file I-485 concurrently right now, get EAD and AP, and use AP for travel (you will remain in H1 status even after entering on AP if your H1 extention is approved). If you are worried about that I-140, then switch to premium.