Kunta Chen

Hi,

My current status.

I filed an I-130 for my wife in 2002 while still a P.R. Last month I
became a citizen. My wife currently holds
and H-1.

So today I went to the San Jose office to ask if I needed to cancel my
original I-130 or file a new one. I was given
a form to fax to upgrade the I-130. And was told I can now file an I-485,
without waiting for the upgrade to
take effect.

I was also told that if my wife who is holding a H-1 needs to travel she
would need to get an A.P. Which I though
wasn't necessary.

So now I am kind of confused with the validity of the information I have
obtained today.

alex_lg

If I remember the instruction of I-485 correctly, she doesn't need an AP if she is on H-1. But do double check it! Now assuming you are correct, and the folks at San Jose don't know what they are doing, can you assume people at the airports always know what they are doing? If I were your wife, I would just apply for it instead of waiting for hrs at the airport while the staff there are learning how to do their job properly on your wife.

Alex

alect

If the H1B is still valid she can travel on it while awaiting AOS.