I am on an H-1B visa and my wife is on H-4. Our I-485 is pending but maintained the H-1B status throughout. I am in the U.S. but my wife is outside of the country on H-4. Her H-4 expired at the end of May this year and she is still outside of the states. Last month, my H-1B was renewed but her H-4 was not as she was outside of U.S. at the time. If our green cards get approved in next couple months (which is highly possible according to the Visa Bulletin), can I send her green card through the mail and can she use it to re-enter in the United States? We already did the biometrics and medical tests when we applied I-485 in 2007.
Answers
Julia Roussinova
Find an EB-5 Visa Lawyer: Immigration AttorneyYour wife may apply for H-4 abroad based on your H-1B approval or you can FedEx her the green card when it is issued.
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyYes; your wife can enter with a green card or boarding letter (obtained at the U.S. embassy or consulate abroad) if your green cards are approved before she enters the United States. She may also obtain a new H-4 visa if she wishes to reenter the U.S. before the green cards are issued.
Jinhee Wilde
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you get the physical card for her, you may Fed Ex it to her so she could use it to enter the United States.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can send her the H-1B approval to apply for a new H-4.
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyInteresting question. The easiest route may be to have her apply for the H-4 visa renewal and enter using that before the I-485 gets approved. Technically, H-1B/H-4 visa holders can maintain H status during green card processing since it is a dual intent visa. Another option would be, if the green card gets issued before her planned return to the U.S., she may be able to just use that to re-enter. However, since you never can predict how soon the I-485 will be adjudicated, it may be better to have the H-4 visa in place before hand.
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