Future employment. Travel with AP. Info Please

M

Maverick007

Registered Users (C)
Greetings to All,

Can anyone please help me in this matter.

- I have my GC being processed in the Future Employment category.
- Our I-140/AP/EAD got approved.
- I am still working on H1 and my wife works on EAD.

I want to travel to India. Can I re-enter US on H1 and Can my wife re-enter using AP.


thanks in advance
 
If your wife is working on EAD , both of you should be using AP !!

I had checked this with my lawyer last year, she advised me to use same document !!

Anyway, you do not want to confuse the immigration officer !!
 
Originally posted by cmacti
If your wife is working on EAD , both of you should be using AP !!

I had checked this with my lawyer last year, she advised me to use same document !!

Anyway, you do not want to confuse the immigration officer !!
Click to expand...

No he can use H-1 . There will be no confusion to officer. we can explain them easily. One question how come he will use AP ?
 
Originally posted by cmacti
If your wife is working on EAD , both of you should be using AP !!

I had checked this with my lawyer last year, she advised me to use same document !!

Anyway, you do not want to confuse the immigration officer !!
Click to expand...

In my opinion, that's incorrect. Since the primary applicant's H-1 visa is still valid he/she can use it to re-enter the US. And since the spouse is working on an EAD, it means that she/he has abandoned the H-4, so she/he will have to use AP to re-enter. However, I understand your concern, yes, it's always good to have a backup in an AP just in case there's confusion.
 
Technically, you are right.... but do you want to take chances and argue with immigration officer and that after a long flight... !!
 
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