Wife admitted at POE, but H4 invalid?

[naanu2]

I want your valuable opinion on this.

We had been outside the country and my dates were current. So my wife came back on June 5th and was admitted on H4 status. I did not come with her. She applied for I-485 immediately. But the problem is, I later got an email saying my case has been approved on June 1st, under emplyment category, which kind of invalidates her status. I dont know what her case would go through now? Infact even my online status says June 5th, notice was sent. But my GC says June1st approved.

Do you think its risky to wait and watch for her application. She got her 485,eadand AP reciepts. Do you think an FTJ is a better option, if so is it a simple interview process, or do we have to apply for I-824 also, which takes a lot of time. Please let us know your opinion.

[naanu2]

Does anyone have any input on this. Its eating me.

[Belle]

She'll be fine.

[naanu2]

Belle, thanks for putting my mind at ease. But any past experience. Basically there is no law which defines/protects her situation. All we have is proof that neither her nor did the CBP no about my approval, including myself.

Although 245(k) protects from out of status, what about entering on invalid visa, illegal presence. Confused and dazed.

Originally posted by Belle:

She'll be fine.

[Attorney_6]

We have had cases like this before that have been fine. It is not entirely unusual, but it does raise some legal issues.

The H-4 entry was an inspected entry, but an approval and admission that is not actually correct. The I-485 filing in an EB case can be approved under 245(k) that allows the filing even if there have been up to 180 days of status violation---this is how the USCIS can overlook the few days of wrongful H4 entry.

So, while it is not the ideal situation, in the past cases like this---where there is a genuine mistake on all sides and everything else is in order-- have been approved.

[naanu2]

Thank you att6.

We were cotemplating if we should withdraw 485 and go for FTJ, which is an even more bigger hurdle. We did not know what to do. Multiple attorneys were consulted. Some have experience with this and say, she would be alright and some who go by the books, scared the pants out of me. I hope this case would atleast warrant an interview so we can present how case.