回複:another Follow up...回複:Questions on H1B/H4 after using AP. 3X

來源: 2013-03-01 19:28:28 [博客] [舊帖] [給我悄悄話] 本文已被閱讀:

My wife is the same status as me (H1B with A, used AP last year, but did not use EAD so far). We are not sure whether she will be able to find a job in the city B (where B is) in the near future. I believe she can stay legally even she has no job in City B for a while (as she used AP, so technically she is AOS now). To be 100% safe, should I change her to H4 (using Form I-539)?


your answer: -Not necessary. If her I-485 has problem, just go to China to get the H4 visa to come back.


If her I-485 has problem (do you mean accidentally denied in error?


-No one can be  100% sure  the I-485  will be absoutely approved. What I mean is that even if in the worst, your spouse sitll can get he H-4 visa (no thing needed to worry about). 


BTW I am the primary of our green card application), would she be out of status since she used AP last Oct.? If so, without a H4 status, will she be barred for some years from entering US? I know this is small small chance event, but I just wanted to understand the full picture.


3X again!