AP or H4 for reentry?

sxk1900

Registered Users (C)
Hi Folks,
Could someone please advise the pros and cons of using H4 or an AP for reentry? My wife has advance parole and H-4 stamp in the passport that is valid until May next year.But, I no longer work for the original employer with whom I had my H-1 & her H-4 .I am working on H-1 with a new employer since I had the visa stamp.
What document to use for reentry of my wife?
Thanks
 
Can you give her the approval notice for H-1B from your new employer? Then she can present that when she enters on H-4 and it should be no problem.
My wife got H-4 when I was with previous employer and later came to the US after I had switched - no problem.

Alternatively she should be able to use AP - particularly since in her case it (almost) doesn't matter if she is H-4 or I-485 pending adjustment status. As you as you maintain H-1B she can always easily go back to H-4 if needed. Further it seems to be unclear (I have read several opinions) if travelling on AP invalidates H-4 or H-1B. I guess it used to be the case but I recently I have seen reports where it said you can travel on AP and still maintain H-status. Since I have no personal experience with that particular aspect, better confirm.

sxk1900 said:
Hi Folks,
Could someone please advise the pros and cons of using H4 or an AP for reentry? My wife has advance parole and H-4 stamp in the passport that is valid until May next year.But, I no longer work for the original employer with whom I had my H-1 & her H-4 .I am working on H-1 with a new employer since I had the visa stamp.
What document to use for reentry of my wife?
Thanks
 
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