Can H1 holder filed I-140 use AP obtained through spouse's case??

[jk1990]

Hi All,

I'm on H1-B and I obtained my AP through my wife's I-485 case. Now, I've got my own LC approved and filed I-140 as a backup to her case. I want to travel out of U.S. and come back on the AP. My questions are: After coming back, will I still be on H1-B? Can I keep my own I-140 case going or do I have to give it up?

Thanks a bunch!

 

[ginnu]

I'm on H1-B and I obtained my AP through my wife's I-485 case. Now, I've got my own LC approved and filed I-140 as a backup to her case. I want to travel out of U.S. and come back on the AP. My questions are:
After coming back, will I still be on H1-B?
----------YES, you can if EAD not used read:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
Can I keep my own I-140 case going or do I have to give it up?
---- -------You should keep it going, no need to give up

 

[jk1990]

Thanks, ginnu.

So, Does this mean that no matter I transfered to H1 from other visas in U.S. or entered U.S. on H1, my current H1 and I-140 case would still be valid as long as I come back using AP and have never used EAD?

Thanks again!

 

[ginnu]

Originally posted by jk1990
Thanks, ginnu.

So, Does this mean that no matter I transfered to H1 from other visas in U.S. or entered U.S. on H1, my current H1 and I-140 case would still be valid as long as I come back using AP and have never used EAD?

Thanks again!

--YES