Chances of risk...(H4 & AP)

H

HelpWanted

Registered Users (C)
Friends:

My wife has a valid H4 valid till 2005. She has an EAD, but not using it.

What are the chances of risk if she travels on H4, without having AP?

Is AP must, when having a valid H4?

Thanks,
 
Don't Worry

Hi Help Wanted,

I am in the same boat and I checked with my attorney just this week. H1 and H4 are dual intent purpose Visa/Status. There is NO PROBLEM if she travels on H4 while the adjustment status is pending.

Hard Worker
 
Thank you for your reply.

You are true its safe to travel on H4, when you have AOS pending.

But when you have EAD at hand, its whole different story I heard.

http://boards.immigrationportal.com...?threadid=97346

The above link says that 'when we start using EAD, we need to obtain AP, though we have valid H4'. But how would BCIS know if we are using EAD or not? Is it risky to travel without AP while having EAD at hand, as the above link suggests?
 
HelpWanted

You will be on EAD status when fresh I-9 form is signed with same or different company using EAD. When you use EAD H1/H4 will be invalid. Then you need AP to travel outside US.

If your wife is not working eventhough she has EAD, here status will be as H4. If she has valid H4 stap on her passport she need not Advance Parole. If she has started working on EAD she needs AP.

m1234
 
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