AP and H4 question, thanks!

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compressible

Registered Users (C)
Here is my situation:

My H1-B (working in university) and my wife's H4 will expire at the end of this year. I have filed extention application for my H1B. But my wife went back to our home country and will NOT be back until next March. I guess that I cannot include her in my extension application in U.S. and she has to go consulate process to apply H-4 visa, am I right??

Another option is that since she has valid AP document, is it possible that she can enter U.S. using AP, and then apply H4 status in U.S. based on my then approved H1B status.

BTW, I-140 approved, I-485 pending

Thank you in advance!
 
Compressible

Was she in US when you filed for your extn? Cos during the approval process you need not to be in the US and you may send her H4 Extn Approval Notice by mail and get Visa stamping at consulate and enter on H4. But make sure that Your H1B Visa Stamping is done prior to hers. Both of you may pick different consulates for stamping (i.e. you my get it done at Mexico Or Canada) and she in her home country AFTER your stamping.

If she has AP, In her case she can enter using her AP as Parolee (which would void her H4 status, even if you get an extn). Using AP would be an option but only problem is its renewal each year incase she travels outside of US regularily. But she would still be legal on quasi status based on pending approval for I485. So you need not to apply for her extn. It would save some expanses incase not done already.
 
Thanks Bhasu!

She was not in U.S. when I filed my extension. So from what you said, the best chance is that she can apply her H4 visa stamp through consulate OR just use AP, as AOS status when she is back to U.S., there is NO way she can regain her H4 status in U.S?

Thanks!
 
Yes she can gain H4 status back after she returns on AP as long as YOU are on H1B. But it doesnt make any difference if she is staying on AP or H4. Incase you want to apply for her I-539 (H4). I would suggest doing when her AP is about to expire just to lineup with Extension for provision to travel out of US.
Hope this helps
 
Thank you Bhasu for your clearification.

The only reason that I want her in H4 status is that in case our 485 has an issue, we have time to respond as a valid H1 and H4 holders. Without H1 and H4, we are immediately out of status.
 
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