AOS - Vacation Limit

[Anil 0]

I have a question. My wife is in India for a vacation from July 2009. She is planning to stay there until July 2010. We are still maintaining our status in H1 and H4 visa and 'never' used EAD or AP. Since we both have pending applications for adjustment of status (I485), will it create any problem for her to stay outside US for this long? Will it be considered abandoning the pending application?

My Visa

H1 Valid until July 2011

EAD Valid until Jan 2011 (Never used)

AP Valid until Oct 2009 (Never used - expired)

My Spouse Visa

H4 Valid until July 2011

EAD Valid until Jan 2011 (Never used)

AP Valid until Oct 2009 (Never used - expired)

[juliava 80]

You should ask an immigration lawyer specialized in AOS from H-1 visa. Your Green Card will be obtained based on your employment and I think here you will mainly see topics that have to do with GC obtained through marriage with a USC.

[km24 0]

I have a question. My wife is in India for a vacation from July 2009. She is planning to stay there until July 2010. We are still maintaining our status in H1 and H4 visa and 'never' used EAD or AP. Since we both have pending applications for adjustment of status (I485), will it create any problem for her to stay outside US for this long? Will it be considered abandoning the pending application?

My Visa

H1 Valid until July 2011

EAD Valid until Jan 2011 (Never used)

AP Valid until Oct 2009 (Never used - expired)

My Spouse Visa

H4 Valid until July 2011

EAD Valid until Jan 2011 (Never used)

AP Valid until Oct 2009 (Never used - expired)

you've mentioned that you have pending AOS?! right?! all i know is you should have an advance parole in order to go back to USA.. as what you've mentioned above the AP's are expired! and come to think of it you still have pending AOS. this sounds complicated. Hope someone will help you with this.

Edited December 8, 2009 by km24