Here are my thoughts ...
GeeSee and I485WAITPLUS,
Here is a snippet from the chat dated 09/23/02 from
www.murthy.com
--------------------------------------------------------------------------------
Chat User : Hello, Ms. Murthy. If a person uses H-1 for travel and the spouse uses AP, does it mean that upon return we can no longer use H-1 and have to use EAD? Please advise. We have heard mixed opinions.
Attorney Murthy : If the principal returns on H1B the spouse is eligible to return on H-4, or on AP if the spouse is working on the EAD. On the other hand, if the principal enters on AP, then the spouse can no longer maintain H-4 (since that status depends on the H1B), unless the principal again changes back to H1B status by filing an H1B extension or amendment, etc.
---------------------------------------------------------------------------------
So, to answer your question GeeSee, your wife will have to
use AP for travel as you are using your EAD. Note that you
will also have to use your AP while travel.
DISCLAIMER: I am not a lawyer. Please consult a competent
lawyer for sound advice.
Regards,
OHLad