Immigration Issues/Travel on H1


Does my status not matter since i am not the primary? But they do say that once you file i-485 both the spouses have independant applications and either one has possibility of being denied?Isnt that true?

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Question -

I recently travelled out of country and came back on my H1 from company A.

My i485 is filed through my spouse, employed with company B, who is the Primary applicant on the Green card filing. Will entering on H1 create any problems for my Adjustment of status application?

Answer -
No Hs do not need parole and your underlying status does not matter since your wife is the principal on the adjustment.



They are separate I-485s, but if your spouse's case is not approved, you can not be approved under any circumstances, since she is the primary. If your spouse is approved, your case could still be denied for any of a number of reasons, such as a prior criminal conviction or misrepresenting things to Immigration. However, travelling on H-1 is not a basis to deny.



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Robert Hollander<B> Esq.</B>



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