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Immigration Issues/I-485 and presence in the U.S.

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Question
QUESTION: I will be eligible to apply for I-485 in January 2012. My wife has H4 till July 2013 and She is working in Canada.  I am on H1B and working in US. My wife visits me every week end. I am planning to get medicals done when she is in US for christmas break.

Is it possible for my wife to continue her work in Canada after I add her name in I-485 ? How long she has to be present in US after we apply I-485 ?

Thanks

ANSWER: Hi,

Your wife must be physically present on the day that the adjustment of status application is filed with the USCIS. Since she is maintaining her H4 status, she can depart the U.S. again after the filing of her adjustment of status application without waiting for advance parole document to be issued: http://h1b1.com/files/faq.htm#adv_parole

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QUESTION: Thanks !!

Is there a way to confirm that application has been filed once the application has been posted ?

For example, If we post the application on 10 th Jan (by next day delivery) than How long she should be present in USA so we can be sure that application has been filed with USCIS.

Answer
Hi,

The foolproof method of determining that an adjustment of status (AOS) application has been properly filed is to either wait for receipt notice to be issued by regular mail by the USCIS to the address stated on the adjustment of status application, or to check with your bank that the filing fee check has been cashed by the USCIS. It takes about 2 weeks after the USCIS has received the AOS application to receive the receipt notice.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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