Q: Sposues EAD/AP validity if your I-485 is approved and she/he got a RFE
I am currently on H1B visa. My I-140 (EB-NIW) was approved a few months ago. Recently I received an update that my I 485 has been approved, however my wife was issued an RFE (which we have not received as of yet). She was on F1 (6 months here) when we had applied for the green card and she received an EAD/AP with me. We have plans for international travel this week. I was wondering what status my wife would be allowed when she returns to US? Would it be EAD/AP or H4? Would either be valid since both are linked to my H1B/I-140 petition and that my I 485 is approved? She just finished her graduate school.
A: Her status now is in limbo as "adjustment pending." Since H-4 is dual intent, she may want to enter using that since there seems to be an issue with her green card (and her AP is tied to her GC application). Usually clients with pending I-485s enter using AP.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
