Advice needed on recent experience at P.O.E

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bkv

Registered Users (C)
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Can any one please answer these questions.

I have a question about we using AP at P.O.E last week,
Last week I, my Wife and Kid came back from India. At P.O.E initially I and my kid showed our Valid H1B and H4 Visa Stamping in our Passports and the officer Stamped the I-94 based on that, but when my wife showed her AP since she used EAD before, officer questioned us How can she apply for G.C without me, so I told him that I and my kid also applied with her but we are still maintaing our H1B and H4 Status. But he insisted that since we applied for G.C our status AOS and asked for our AP,s, luckily we had both and he again changed the I-94's to reflect AOS.


My concern is
1. What is my status right now as I'm working on H1B not EAD.My present H1B is valid till Sep 2005.

2.Can I apply for 7 th year extension, and also Extend H4 for my Kid as both our I-94's show as AOS.

3.Can my wife get back on H4, In future.
 
hi bkv

which POE was that?

Actually the INS POE officer made a mistake. actaully according to the INS rules, for H1, H4, L1 and L2 visa holders, u need not use AP as long as u have valid visa stamped in passport.
And also, if a person who has a valid H1 visa stamp in passport (maintaining H1 status even though in I-485 stage as in ur case) presents both AP and H1 visa, then the officer should only consider H1 visa and say No to AP.

I don't know why he did that.
 
P.O.E was NEWARK,
I told him the same, but he insisted i dont teach him rules and he knows waht he is doing.
 
Hi bkv

I am also considering travelling thru Newark using AP
can u tell me ur experience in detail plz?

did u go to secondary inspection?

is it good showing AP at POE?
 
Last edited by a moderator:
bkv said:
P.O.E was NEWARK,
I told him the same, but he insisted i dont teach him rules and he knows waht he is doing.
Click to expand...

POE officers are not USCIS employees, but BCBP employees. Many POE officers are are not well versed with all the nuts and bolts of immigration laws.

Even though you entered with AP, you are still in H1 status. Usage of AP does not change the immigration status.
 
Hi

My experience at Newark was not that great, and yes I went for secondary inspection.

I'm not sure what to advice you as I landed into a mess with the officer not considering the valid H1B on my passport, but issued my I-94 as AOS.

I'm looking for some advice on my case.
 
1. What is my status right now as I'm working on H1B not EAD.My present H1B is valid till Sep 2005.

You are still in H1 status.

2.Can I apply for 7 th year extension, and also Extend H4 for my Kid as both our I-94's show as AOS.

Yes.

3.Can my wife get back on H4, In future.

Yes, provided you are in H1 status and she does not work. She just have to re-enter with her H4 visa (and never work afterwards).
 
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