H-4 Status After H1-B Green Card Interview

[Taimed 0]

Hi everyone,

 

Few tricky questions that my attorney couldn't provide solid answers. I would like to know if anyone had similar experience, and willing to share with me. Do my H1-B status change to green card right away after the interview per say no issues during the interview? If not, does that mean H-4 can still travel on H-4 visa before H1-B receives the actual green card? My husband is on H-4, and I-485, I-765, and I-131 were filed early November. He now lives in his home country, and travels back and forth to the US whenever he has a vacation. So long story short, my I-485 interview is scheduled in late February, and we are trying to figure out if there is a way for him to be able to travel internationally until June other than rescheduling the interview. We are still waiting for his I-131 to be approved or denied since he traveled overseas when I-131 is pending. Anyone's I-131 was denied due to overseas traveling, or anyone's I-131 was approved even you traveled overseas when I-131 is pending?

 

Thank you very much for reading.

[Boiler 45,744]

Not immediately, usually takes some time and of course you have to pass the interview first.

Edited January 30, 2020 by Boiler

[Pinkrlion 2,724]

50 minutes ago, Taimed said:

Hi everyone,

 

Few tricky questions that my attorney couldn't provide solid answers. I would like to know if anyone had similar experience, and willing to share with me. Do my H1-B status change to green card right away after the interview per say no issues during the interview? If not, does that mean H-4 can still travel on H-4 visa before H1-B receives the actual green card? My husband is on H-4, and I-485, I-765, and I-131 were filed early November. He now lives in his home country, and travels back and forth to the US whenever he has a vacation. So long story short, my I-485 interview is scheduled in late February, and we are trying to figure out if there is a way for him to be able to travel internationally until June other than rescheduling the interview. We are still waiting for his I-131 to be approved or denied since he traveled overseas when I-131 is pending. Anyone's I-131 was denied due to overseas traveling, or anyone's I-131 was approved even you traveled overseas when I-131 is pending?

 

Thank you very much for reading.

When he left the country, his I-485, I-765, and I-131 will be deemed abandoned.  You can only file these documents living within the US.  

[arken 4,197]

26 minutes ago, Pinkrlion said:

When he left the country, his I-485, I-765, and I-131 will be deemed abandoned.  You can only file these documents living within the US.  

Not true. Her husband was in valid H-4 status before leaving the country which means pending i-485 Is not considered abandoned as long as he enters back on the same status. However i131 will be denied.

 

To the OP: 

The best is to have your husband come back to US on his existing H-1 before i485 is approved.

Edited January 30, 2020 by arken

[Moe428 129]

8 hours ago, Pinkrlion said:

When he left the country, his I-485, I-765, and I-131 will be deemed abandoned.  You can only file these documents living within the US.  

That rule does not apply to H and L category visas.