ashvik Posted July 2, 2011 Report Share Posted July 2, 2011 My Wife has her H4 petition---Expiring on Dec 12 2011 AP---Expiring dec 17 2011 She has to go to india for 7-8 months due to family emergency. is it true that you have to be physically present in US to apply for extension of H4 & AP? Worst case scenario, if there is a lapse in renwal, what are the options we have for her to come back in Jan or Feb of 2012? Link to comment
pontevecchio Posted July 3, 2011 Report Share Posted July 3, 2011 True for the AP. She can come back on the H4 visa in any case. Link to comment
ashvik Posted July 4, 2011 Author Report Share Posted July 4, 2011 thanks for the reply..........will her 485 be cancelled then? Link to comment
pontevecchio Posted July 5, 2011 Report Share Posted July 5, 2011 If you are in valid H1 status and she comes back on the H4 visa the AOS will continue. Link to comment
pontevecchio Posted July 5, 2011 Report Share Posted July 5, 2011 I would add that you should discuss the situation with a Lawyer to make sure your bases are covered. Link to comment
ashvik Posted July 6, 2011 Author Report Share Posted July 6, 2011 thanks for the insight.......my lawyer concurs with your opinion Link to comment
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