AP Re-entry: H4

djb

Registered Users (C)
I-485 is still pending. AP and EAD approved for me (on H1) and my wife (on H4)

Now, after getting the H1B and H4 extension, but without getting the passport stamped with the Visa -

Qn) Does re-entering USA with AP cause any issue with maintaining the H4 status?

Lawyer mentioned a case where USCIS has rejected petition for next H4 extension (after re-entry with AP) - thus, wanted to check if anyone has any insight into this.
 
The safest approach is of course to get H1/H4 visa stamps. But if you don't want to go through all the hassle, AP is your only choice. Your lawyer is right that there may have been cases where future extensions were denied after using AP, but then there were also numerous cases that were approved without any problem. The USCIS hasn't made it clear what their policy is and actually has gone both ways, so it is a matter of personal risk tolerance I guess.
 
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