H4-working on EAD - Reentry without AP??

S

santoo

Registered Users (C)
Hi,

I am on H1 and my H1 expires on 30 Sep. My wife has H4 but she is working using her EAD. She also has H4 toll 30 Sep.

We are planning to go for vacation to Canada and will return on 28 Sep.
Do my spouse need AP ( as she is using her EAD) or she can still reenter using her H4 (by that time it will not expire)

Appriciate your help.

P.S. I already applied to extend my h1 but not h4.
 
santoo said:
Hi,

I am on H1 and my H1 expires on 30 Sep. My wife has H4 but she is working using her EAD. She also has H4 toll 30 Sep.

We are planning to go for vacation to Canada and will return on 28 Sep.
Do my spouse need AP ( as she is using her EAD) or she can still reenter using her H4 (by that time it will not expire)

Appriciate your help.

P.S. I already applied to extend my h1 but not h4.
Click to expand...

Yes she can re-enter back if she has valid H stamp in the passport and actually this is the way people do to return back to H staus if they used their EADs.
 
They may question you, if you have only 2 days left in your H visas. Take AP with you as a backup.
 
Even if I apply for AP it is not guranteed that I will receive it on time. I may reply that I applied for H4 extension (which is a fact)
 
Once she accepts her EAD, her H4 is invalid. So she cannot use her H4 visa to return back to US. She must have AP.
 
getgreenc said:
Once she accepts her EAD, her H4 is invalid. So she cannot use her H4 visa to return back to US. She must have AP.
Click to expand...
Not true. She has to actually use the EAD to make her H4 become invalid. Merely applying or accepting it does not disturb the H4.
 
santoo said:
Hi,

I am on H1 and my H1 expires on 30 Sep. My wife has H4 but she is working using her EAD. She also has H4 toll 30 Sep.

We are planning to go for vacation to Canada and will return on 28 Sep.
Click to expand...
So her H4 stamp expires just 2 days before her planned return date. That is cutting it way too close. If she gets an illness or injury that prevents her from traveling for a few days, or her flight gets canceled for some reason, she might be unable to return before her H4 expires. If that happens I don't know how you'd get her back inside the US, if she doesn't have an AP that was approved before she left the US.

In addition, the Canadian authorities might not let her enter Canada with a US visa that is expiring so soon, unless she is a Canadian citizen or she can show that she has a ticket to fly to somewhere else other than the US. They don't want her to be stuck in Canada as a result of being unable to reenter the US.
 
santoo said:
Hi,

I am on H1 and my H1 expires on 30 Sep. My wife has H4 but she is working using her EAD. She also has H4 toll 30 Sep.

We are planning to go for vacation to Canada and will return on 28 Sep.
Do my spouse need AP ( as she is using her EAD) or she can still reenter using her H4 (by that time it will not expire)

Appriciate your help.

P.S. I already applied to extend my h1 but not h4.
Click to expand...

Go for vacation early and be back to US 8-10 days before her H4 visa stamp expires.

OR
Upgrade your H1 and H4 Extension with premium process so that she can have her H4 extension in hand with new extended I-94.
OR
She should get approved AP in hand before she goes out so that she can use AP.
 
mmed said:
Yes she can re-enter back if she has valid H stamp in the passport and actually this is the way people do to return back to H staus if they used their EADs.
Click to expand...

One problem... Canadian Citizens don't need visa and hence don't get visa stamped on the passport.
 
Okay.. May be I am too late to update this thread.

we were able to reenter at US Port with little hiccup. Immigration officer gave us 30 Sep + 10 days extension on I 94. They checked photocopies of my h1/h4 extension application and my I-485 application receipt. Once they felt everything in order. They allowed us in with advice to apply for AP if I leave US next time.

It looks like close cut, but IMO once I had all valid documents there were very little chance that they can denied my entry. Ofcourse I consulted with my lawyer who was okay with my travel.
 
perm_lc said:
They may question you, if you have only 2 days left in your H visas. Take AP with you as a backup.
Click to expand...

If your visa is valid, it's valid, even if it has one day left. There is no reason to worry about being questioned just because you have a short time left on the validity of your visa. At least in the United States, that is. You can worry about other things mentioned above (getting ill and not making the flight etc etc), but not about actual trouble at the US port of entry because of the validity date itself.
 
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