At port of entry : H4 vs AP

[wudan]

Hi, my wife is coming back from India in a couple of weeks.
At the port of entry, should she show the AP or should she just show the H4 visa?
If she doesn\'t use AP, will it affect the AOS process?

We\'ve completed our FP and we\'re waiting for approval.
My H1 and her H4 are valid until Nov 2003. We already got AP and EADs approved.

 

[sonofindia]

If she shows the AP

Then her H4 status becomes invalid and her status will be of adjustee.
If she shows her H4, so long as you are on H1, she should be fine.
this is my opinion and I am not sure, as I am not a lawyer.

soi

 

[PCee]

No Title

wudan,

If she has valid H4 (note that you still need to be on H1 to keep her H4 valid), and AP then ask her to use H4 at POE unless she is getting closer to 6 year limit.

-PCee