sundarmit Posted April 11, 2013 Report Share Posted April 11, 2013 My wife entered into USA on Aug 2009 as H4 visa , which was valid till Apr 2010 , I-94 also valid till Apr 2010. And she left USA on June 2012 due to family emergency. During her stay between April 2010 ( H4 expire date ) to June 2012 ( Departed from USA ), we have not applied H4 extension ( form i539 ) because she was in AOS pending status ( I485 applied on Aug 2007 ) Question is , Since she left USA on June 12 with no AP due to family emergency , we plan to get H4 stamping in India to reenter USA . If so , her AOS pending status will be valid after she uses H4 at port of entry? Please guide us. Thanks in advance Link to comment
omshiv Posted April 11, 2013 Report Share Posted April 11, 2013 these days family emergency is a common term for family vacation. Link to comment
pontevecchio Posted April 11, 2013 Report Share Posted April 11, 2013 Yes, She can enter in H4 status and then resume her AOS. I ASSUME YOU ARE IN h1 STATUS NOW/ Link to comment
Belle Posted April 15, 2013 Report Share Posted April 15, 2013 Yes, she should be able to reenter based on H4. Talk to a good lawyer first, though, to see if there are any gotchas. Link to comment
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