I am currently in USA.
My present status of GC process is
- Received EAD and AP (Advance Parole)
- I-140 is in RFE (last date to respond is Nov end - my company is going to respond)
My wife and kid had to go back to India due to family health issue. They carried AP documents which are valid till Aug 2016.
My H1B VISA (dependent's H4 VISAs) are going to expire on Jan 2017 and I am applying for H1B extension in premium. Since my family is not in USA I could not apply for extension.
My questions are:
1) If my wife/kid do not come back before Jan 2017 - will they still be able to enter USA with the AP - Will that impact the GC process?
2) If they come after H4 expiry and are allowed to enter with AP - what will be their immigration status ?
3) Can they apply for extension when they come back after January after their H4 expiry, if I, hopefully by that time, have the H1 extended ?
4) In case they don't return until AP becomes invalid - will they be able to enter (I suppose No) and if they are allowed to enter will the GC process be still active.
What I should do in this circumstance.
My worry is - if they don't come before Jan 17 and they are not allowed to enter then I will be in a big problem.
My present status of GC process is
- Received EAD and AP (Advance Parole)
- I-140 is in RFE (last date to respond is Nov end - my company is going to respond)
My wife and kid had to go back to India due to family health issue. They carried AP documents which are valid till Aug 2016.
My H1B VISA (dependent's H4 VISAs) are going to expire on Jan 2017 and I am applying for H1B extension in premium. Since my family is not in USA I could not apply for extension.
My questions are:
1) If my wife/kid do not come back before Jan 2017 - will they still be able to enter USA with the AP - Will that impact the GC process?
2) If they come after H4 expiry and are allowed to enter with AP - what will be their immigration status ?
3) Can they apply for extension when they come back after January after their H4 expiry, if I, hopefully by that time, have the H1 extended ?
4) In case they don't return until AP becomes invalid - will they be able to enter (I suppose No) and if they are allowed to enter will the GC process be still active.
What I should do in this circumstance.
My worry is - if they don't come before Jan 17 and they are not allowed to enter then I will be in a big problem.