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I 485 Interview -- Denied options

Pittsburgh, PA |

Currently my I 485 case is pending(primary) and iam on H1B. It seems i may get an interview notice. My wife(Dependant on my 485) entered country on H4 and has valid H4 stamp on her passport till Oct 2012. We then applied for COS to H1b which expires on Mar 31 2012, and we were planning to use her EAD after H1 expires.

Based on the above scenario if we move her on EAD and my AOS is denied what happens to her status then and what are the options we have.

Can she go out of country and enter back on H4 as her H4 stamp on her passport is valid till Oct 12 or she need to go to stamping for US consulate and change status there to H4 based on my approved H1B.

Is her H4 stamping is valid and can be used to enter country back or it is invalidated once she moved to H1 in Jan 2011.

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Attorney answers 3


If she changes status, and leaves the US.. she will need a new visa. IF she has advanced parole, she can use that. HOWEVER, the 485 is denied, she will not be maintaining lawful on-immigrant status, and could be placed in removal proceedings. If you feel there is a risk of your case being denied, you should plan accordingly and apply for an H-4 for her

Good luck

Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at



As she has valid H4 stamping with expiry date Oct 12 in her passport cant she use it to enter US if denial is done before Oct 12.


If you do not maintain your H-1B status, you severely limit your options and the options available in that instance would require traveling back to your country for visa stamps.

You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


I agree with my colleagues who have provided you with excellent answers. Consult with an immigration attorney to go over the specifics of your case.

Mr. Lorenzon's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an immigration attorney. Mr. Lorenzon can be reached at 216 573 7322 or at All initial constulations are free.

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