changed H4 to H1. want to use AP in travel ?? No H1 stamp ??

sri789

Registered Users (C)
Some one please help me.

My wife entered as H4.Then she changed to H1B.

She got AP & EAD thru my GC process. But she never used EAD.

When she coming back from india she want to use AP.
No H1B stamp in her passport. Old expired H4 stamping was there.

Is it ok to use AP ? Can they question about H1B stamp ??
We r leaving on 31st.

I will really appreciate your suggestions.

Thanks in advance.
 
sri789 said:
Is it ok to use AP ? Can they question about H1B stamp ??

Why would they ask about the H-1 stamp (or lack thereof)? She is using AP to re-enter, which is perfectly allowed. If she had the H-1 stamp, she wouldn't need AP now, would she?
 
Thanks alot TheRealCanadian

You are right.
After coming back on AP. Its better use EAD instead of H1B ??

At the time of her H1B extension If they came to know that she used AP.
does it matter ??

bit confused :confused:
 
sri789 said:
You are right.
After coming back on AP. Its better use EAD instead of H1B ??

At the time of her H1B extension If they came to know that she used AP.
does it matter ??

bit confused :confused:
Its your wife's choice whether she wants to use EAD or remain on H1 after entering on AP.

For peace of mind, most folks prefer to keep their H status for as long as possible.
There is NO trouble with H extensions just because she used AP to re-enter -- using AP and validity of H status are not related.
 
So does that mean, if wife uses EAD (but have no AP), and while coming back from India she gets new H4 stamped on passport at Mumbai embassy.
She can enter on H4 visa, and continue to use EAD in USA.

Guru's pelase let me know..
 
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