Have AP, need H1 stamp to stay H1?

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msuryadarma

Registered Users (C)
I'm working full-time on H1 and my wife is on F1 OPT.

We are about to file I-140/I-485/AP/EAD.

My H1 visa stamp has expired.

#1: If my wife doesn't work, what is her status going to be? She is not H4 and her OPT will expire in a few months. Is she AOS? I'm not so sure because she's not using the EAD.

#2: If we go abroad and return to the US using AP. Will my status be AOS or H1?

Thanks in advance :).
 
1. With the pending I485- she is by default I485 adjustee
2. If you use AP, then you have to use EAD for work. But with a valid H1 I dont see any issue in not changing the work authorization status from H1. But if your wife uses AP , she has to use EAD to work, unless she gets her H1 separately.
 
Thanks Jaxen, a few more comments:

"With the pending I485- she is by default I485 adjustee"

I'm not sure if this is the case only because her status is F1, and the fact that F1 cannot have immigration intent. Is it necessary for her to H4 first before we file I-485? Or is this another "grey area"?

"If you use AP, then you have to use EAD for work. But with a valid H1 I dont see any issue in not changing the work authorization status from H1. But if your wife uses AP , she has to use EAD to work, unless she gets her H1 separately."

I believe I read a post that says I can continue working and staying in H1 even though I entered with AP as long as I am NOT using my EAD. Have you heard of this?

Thanks very much in advance :).
 
Does anyone know, if we travel with AP and vaid H1 visa with I-94
what are the documents we have to submit before we leave the US airport?

Also what are the docs we have to show them at the time of entry to the country?

I am planning to travel with AP, but also have a valid H1 visa with I-94. do I have to use the H1 docs anywhere on my travel?

please advice
thanks
 
how many original copies of AP can we take with us while traveling?
do we have to submit more than 1 original AP document ?
 
How many original copies of AP can we take with us while traveling?
--- What kind of question is this? Take all; it is not 10KG in weight, why you want to keep the AP copies in US they are not certificates to be hanged at wall in US
do we have to submit more than 1 original AP document ?
---- Take all original AP copies with you and I-485 filing receipt
 
Does anyone know, if we travel with AP and vaid H1 visa with I-94
what are the documents we have to submit before we leave the US airport?
--- You have to submit your I-94 at airline counter before departure from US, nothing to do with H1 visa or AP when you depart US
Also what are the docs we have to show them at the time of entry to the country?
------ If you have valid H1 when you return you show only your passport and H1 visa stamp
I am planning to travel with AP, but also have a valid H1 visa with I-94. Do I have to use the H1 docs anywhere on my travel?
---- If you have H1Visa stamp you only need to show your passport and Visa stamp when you board a plane and again you show your passport and H1 visa stamp in passport at POE and you enter on H1b status. One can have AP and H1 at same time, no need of entering on AP if you have H1visa stamp just show your passport and enter with H1 visa stamp and get new I-094 based on H1 visa
 
thank you so much ginnu... you are superb!

incase if I use AP at the time of entry , they issue any I-94 on the passport based on AP valid dates or do they put any other stamping on the passport saying that I am a on advance parole?

thanks ginnu!
 
If use AP at POE they will put stamp as “Paroled till XXXXX and same stamp on Passport and I-94
 
ginnu, thanks for the links.

So I'm on H1, but my H1 stamp has expired, and I enter with AP, the POE officer will stamp my I-94 with H1 status, right? Not the "Paroled until xxxxxxx" stamp?

Is it ok if my wife will have AP only, and no H4? Will that be a problem?

Thanks again! :)
 
So I'm on H1, but my H1 stamp has expired, and I enter with AP, the POE officer will stamp my I-94 with H1 status, right?
----- NO, because you do NOT have Valid H1 Visa stamp in passport, if you get H1 visa stamp from consulate in passport then only at POE at POE you will get I-94 with H1 status
Not the "Paroled until xxxxxxx" stamp?
----- IF you use AP and have no valid H1 VISA stamp then your passport and I-94 will get as “Parole Stamp”
Is it ok if my wife will have AP only, and no H4? Will that be a problem?

----- if she has valid AP approved IN US before her departure from US then she can use AP before AP expiry date and will NOT be on H4 status, if she wants to be on H4 or wants to enter on H4 then she should get H4 visa stamp from Consulate based on your H1 approval notice + other documents and then enter on H4 visa and will get I-94 based on H4
 
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