AP question

fledglingImg

Registered Users (C)
Id filed concurrently for the I140/485 ; 140 has been approved.Currently, I hold a valid H1 and am employed.My wife, who's on H4 is travelling to India and expected to return after my H1(and her H4) expires.She'll be using her AP when she comes back.Are there any issues doing this or is it preferable to extend the H1 so she can have a valid H4? Please let me know.
 
fledglingImg said:
Id filed concurrently for the I140/485 ; 140 has been approved.Currently, I hold a valid H1 and am employed.My wife, who's on H4 is travelling to India and expected to return after my H1(and her H4) expires.She'll be using her AP when she comes back.Are there any issues doing this or is it preferable to extend the H1 so she can have a valid H4? Please let me know.

It is always better to have H1 if your 485 is pending. If you have decided to use AC21 then you and your wife will have no option but to use AP.
 
Your wife can use her AP inspite of you working on your H1. She using her AP doesnt not affect her or you in anyway.

She doesnt need to get her H4 extended when you file yours, as long she intends to work on EAD in future.
 
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