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Primary applicant moves to India while the secondary in USA

WaitingPR

Member
Mar 12, 2011
15
0
Hello All,

My spouse is the primary applicant on the PR application and I am the secondary one. Currently both are in the USA and applied for PR in Buffalo. We have received 2nd AOR and waiting for the medical request.

H1B visa of my spouse (primary applicant) is expired and currently is on H4 visa. My spouse intends to go back India and work there for 365 days or till medical request comes. Due to valid H4 my spouse can travel to US for doing medicals and then go back to India. We are doing this so that 365 days of staying out of US is done and then we can apply for fresh H1B. Since PR is something which is not in our hand and it may take around 7-8 months, so why sit idle till then.

My question is since I plan to stay in the US and continue my employment here and my spouse plans to move to India, how do we take the PR process forward which is in the final stages in the US? Are there any implications if primary applicant moves to India before we get the medical request and I stay back in the US? Any help will be greatly appreciated.

Thanks
 

WaitingPR

Member
Mar 12, 2011
15
0
Please give us your valuable inputs on this situation if you know or have been through this.

Also I have, I have applied for PR while on valid H1B status, now my current status is H4 and secondary applican my spouse is in valid H1B status. I hope it is not required to be in valid work-permit in US at the time VO makes final decision on the PR application? Please advise.

Just now read a post about AINP- H1B and got really worried. Please advise.

Thanks.
 

barsindoo

Champion Member
Jul 7, 2009
1,547
48
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WaitingPR said:
Hello All,

My spouse is the primary applicant on the PR application and I am the secondary one. Currently both are in the USA and applied for PR in Buffalo. We have received 2nd AOR and waiting for the medical request.

H1B visa of my spouse (primary applicant) is expired and currently is on H4 visa. My spouse intends to go back India and work there for 365 days or till medical request comes. Due to valid H4 my spouse can travel to US for doing medicals and then go back to India. We are doing this so that 365 days of staying out of US is done and then we can apply for fresh H1B. Since PR is something which is not in our hand and it may take around 7-8 months, so why sit idle till then.

My question is since I plan to stay in the US and continue my employment here and my spouse plans to move to India, how do we take the PR process forward which is in the final stages in the US? Are there any implications if primary applicant moves to India before we get the medical request and I stay back in the US? Any help will be greatly appreciated. I don't forsee any problem so long as the principal applicant can make it back to the US should you guys be called for an interview. Medicals can be done in US and India for you and the PA respectively.

Thanks
 

WaitingPR

Member
Mar 12, 2011
15
0
Thank you so much barsindoo for your response. Truly appreciate all senior members taking their time & responding to our queries without any benefit. Thanks so much.

God bless this community.