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H4 vs AP (AGAIN!)
- Thread starter wudan
- Start date
AbhiTop_Pachpan
New Member
Please clarify
as to what you mean !. If she already used her AP while traveling, how could she show it again...
Do you mean that she was on H4, applied for EAD/AP and never used AP. But while coming back the officer asked for AP. If the officer asked for AP and used it to parole her in, it could be an indication that your case has already been adjucated.
I did speak with my lawyer regarding what happens if the I485 gets approved while you are traveling abroad. She mentioned that while one should get the stamp at the earliest, there may not be a need for doing so right away. You could be paroled at the point of entry and then go for your stamping.
as to what you mean !. If she already used her AP while traveling, how could she show it again...
Do you mean that she was on H4, applied for EAD/AP and never used AP. But while coming back the officer asked for AP. If the officer asked for AP and used it to parole her in, it could be an indication that your case has already been adjucated.
I did speak with my lawyer regarding what happens if the I485 gets approved while you are traveling abroad. She mentioned that while one should get the stamp at the earliest, there may not be a need for doing so right away. You could be paroled at the point of entry and then go for your stamping.
clarification
I am on H1. She is on H4. We applied for AOS, EAD and AP. Got the EAD and AP. Did FP before she left to India. She came back yesterday. At the port of entry, she showed her H4 visa. They sent her to the "INS Secondary Office". She was asked for AP; she showed the AP and the I94 she got says "AOS" on it.
I am concerned about what our status is now. Is it H1/H4 OR "AOS waiters"?
We never used the AP before
I am on H1. She is on H4. We applied for AOS, EAD and AP. Got the EAD and AP. Did FP before she left to India. She came back yesterday. At the port of entry, she showed her H4 visa. They sent her to the "INS Secondary Office". She was asked for AP; she showed the AP and the I94 she got says "AOS" on it.
I am concerned about what our status is now. Is it H1/H4 OR "AOS waiters"?
We never used the AP before
her h4 is valid
the chinese woman at the immigration desk asked her for my H1!!! I did give my wife a copy of my H1, but she forgot about it. So she got nervous and said that she has EAD and AP. So they sent her to the INS secondary.
Does it mean that I am also on AP now?
the chinese woman at the immigration desk asked her for my H1!!! I did give my wife a copy of my H1, but she forgot about it. So she got nervous and said that she has EAD and AP. So they sent her to the INS secondary.
Does it mean that I am also on AP now?
No you are still on H1...read on.
I assume you are the primary 485 applicant so
if you have your latest I-94 marked H1 ..you are on H1
In your wife\'s case it is routine to ask for the H1 approval
notice copy of the principal ( which is you ) ..unfortunately
she admitted to the fact that she had AP/EAD so they made her
enter on status as "parolee". Now her status is not dependent
on your H1 , it is dependent on your and her 485 application.
Just make sure that her I-94 is marked with indefinite entry.
Relax, you will have fun talking about this soon !!
I assume you are the primary 485 applicant so
if you have your latest I-94 marked H1 ..you are on H1
In your wife\'s case it is routine to ask for the H1 approval
notice copy of the principal ( which is you ) ..unfortunately
she admitted to the fact that she had AP/EAD so they made her
enter on status as "parolee". Now her status is not dependent
on your H1 , it is dependent on your and her 485 application.
Just make sure that her I-94 is marked with indefinite entry.
Relax, you will have fun talking about this soon !!
If your wife\'s AP has arrival stamp on it then she\'d entered using her AP
I dunno why they made her to use AP when she had a valid H4......my understanding is you can still be on H1......only if the primary applicant uses his AP then dependants H4 visa(unless she has her own H1 visa) become invalid and they have to start using AP.................
I say don\'t worry she\'s like anyone who\'d used AP to re-enter.......nothing\'s gonna affect your green card processing.......
I dunno why they made her to use AP when she had a valid H4......my understanding is you can still be on H1......only if the primary applicant uses his AP then dependants H4 visa(unless she has her own H1 visa) become invalid and they have to start using AP.................
I say don\'t worry she\'s like anyone who\'d used AP to re-enter.......nothing\'s gonna affect your green card processing.......
I did the same thing
Hi Wudan,
When me and my wife returned I came in on H1 and she on AP. The advantage to doing this is I would still have a valid H-1 if there was a problem with AOS. In that case all my wife would have to do is to go out of the country and come back in on a H4.
So just dont worry about this.
Good Luck.
Hi Wudan,
When me and my wife returned I came in on H1 and she on AP. The advantage to doing this is I would still have a valid H-1 if there was a problem with AOS. In that case all my wife would have to do is to go out of the country and come back in on a H4.
So just dont worry about this.
Good Luck.