AP at POE for spouse? Jaxen/others, pls urgent....

[indogate]

My and my wife's AP approved on 12/13/02. I DO NOT have EAD but have valid H1B status (AD 12/5/02) and have old H1B stamps. My wife went back home prior to the AP approval and she only has B1 visa now.

Questions:

1. I know I can use AP to travel back and not need to go to US Embassy to get a renewed H1B stamp (that takes at least 1 month back home due to FBI clearance, etc). Do I need to show the H1B approval at POE or just the AP?

2. I believe my wife needs to have H4 visa stamp since she left prior to the AP approval. Is this correct? Or she can still use her AP?

3. Since I plan to use AP and my wife uses H4 (in the case AP is not feasible), should we at the POE go to different officers, to prevent making him/her confused?

4. Any link to INS document that maybe useful for us to show at POE, (AC21, etc)?

thanks.

 

[jaxen]

Are you going to travel back together? Then it is better to have both status consistent. So either do H1/h4 or use AP.
If AP has been approved and getting H1 and/or H4 will be a problem back home, I would highly recommend using AP.
Unless your spouse has accumulated any unauthorized stay here in US before, the likelihood of denial of entry while using AP is very minimum.
No comments on using different POE officers.

 

[indogate]

Jaxen,
Yes we're travelling back together. So, even when my wife left prior to receiving the AP, her AP is still valid? Is it because I as the main applicant stays in US until we have the AP?

I'm just thinking that her H4 stamp is just for a backup... Should she still go ahead and get it from the embassy?

Also, when I use AP to enter, I will not have a valid H1B stamp (they're expired) but I have valid H1B approval for the extension. This means I can enter on AP and work using the H1B approval, right?


thanks.

 

[c4naperville]

AP/H1/H4

Lawyer says that one has to be in America to get valid AP approval. Since your wife is abroad when her AP is approved. It is subject to INS port office to inteprate the law. If the office check the AP approval date and the date your wife leaving America and found the problem. She will be denied to enter the country. There is no problem to enter the country using H4.

If you come back US using AP, it is not clear whether you could work on H1. My lawyer told me to get H1 stamp to come back working on H1. One could work on EAD after coming back using AP for sure. But I have seen some posts here claiming that they work on H1 after coming back using AP.

These are gray areas that nobody clearly know the answers. Risks are small, it is up to individual to take the small risk.