AP or H1-B When re-entering US

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wtmachado

Registered Users (C)
Hi Guys,

I have a valid H1-B visa and my wife and sons have their H-4 visas valid as well.
My company filed for AOS, AP for me and my family and for EAD for my wife and oldest son.
We have to travel on July and I don't know if we should use our valid H1 and H4 visas or AP upon re-entering the US.
SOme people say that I can use my H1 since I don't have an EAD. Does that mean that my wife and oldest son need to use AP, since they have the EAD?

Thanks
 
Having EAD and using it are different. You may have EAD but may never use it. In this case since yourself,your wife have not used EAD and also since you have valid H1 and (I believe valid H4's also) you can return on H1 and h4.

Hope this helps.
 
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