H4 and travel..please help

E

Entey-GC

Registered Users (C)
I am on H1 and got renewed for another 3 years on August and sent to St Louis for stamping the Visa in september. My wife and kids recieved their H4 in November, not yet stamped. In the mean time, my wife (RN) applied for 140, 765 & 485 and rest of us (kids and me) too applied for 485. She got the EAD and going to work in two weeks. I am still on my H1, not used my EAD.

My question : Can my wife use her H4 to travel after using the EAD to work? Or she need AP?

Can my kids use their H4 ( from my H1) to travel ? Or they need AP ?

Kindly help me....
 
I am the principal H1 and my wife & Kids are on h4 now from my H1.

She applied for 485/765/I140 , because she passed the RN (Nursing) exam and one compnay is sponsoring for it and also me and kids applied for 485. She and me got the EAD's.


Repeating my questions :-

1 Can my wife use her H4 to travel after using the EAD to work? Or she need AP?

2 Can my kids use their H4 ( from my H1) to travel ? Or they need AP ?
 
Rule says Ap is not required


does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.
 
Last edited by a moderator:
Originally posted by Entey-GC
1. Can my wife use her H4 to travel after using the EAD to work? Or she need AP?
Click to expand...

Using the EAD is a violation of H-4 status, therefore no more H-4 for your wife. She will need AP to re-enter the US.

2. Can my kids use their H4 ( from my H1) to travel ? Or they need AP ?
Click to expand...

So long as you do not violate your H-1 status by using the EAD you are entitled to from your I-485, you can use your H-1 to re-enter the US, and the kids can use their H-4s.
 
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