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  1. #1
    Join Date
    Aug 2015
    Posts
    1

    Default Should a Permanent Resident Use AOS or Consular Processing for Family Members

    My company filed my GC through EB1 and my I 140 is approved. My family is in India (Spouse+Kid). Initially I thought to file their GC through Consular Processing with My I 485. But one of my friend cautious me saying his GC has been stuck for an year and above as he went through consular processing of his family. I searched net and found that it might take upto two years for CP. I cannot call my family here before April due to personal reason and Cannot wait till April for filing I 485 till they come here. The question I want to ask here is can I call my family for 3 weeks now and do their Medical checkup and file I 485 for all at same time. Once I 485 is filled they can go back and again come for a week or two for finger printing. Once I received GC for them through mail then they can come for good in April. My family has H4 visa stamp till 12/31 and I have already filed for H1 extension as well. Even if GC does not come by April they can always travel on H4. I would appreciate your help here

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Should a Permanent Resident Use AOS or Consular Processing for Family Members

    If your spouse and child are present in the U.S. on valid H4 status, you can file I-485s for them at any time before your case is adjudicated. As long as their H4 visas remain valid and they remain eligible to enter as H4 dependents, they should not have a problem reentering the U.S. while an I-485 is pending. If they will not be eligible for H4 status at the time of their travels or upon return, they should obtain advance parole before traveling abroad.

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