Help. Please Clear the doubt Reg. AP

S

srsk2

Member
I have Valid H1 for another 2 years.
Recently I have filed I-485 and got receipt.
My wife applied for EAD also.
Whether she can travel with H-4 Visa on her passport or she has to travel
only using AP (Because of her EAD).
My lawyer says my wife can travel using H-4 VISA and no Advance parole is required.
Please clarify / confirm about AP not required for my wife.
 
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My wife also had similar case. I am on still on h1 and she is on EAD. She took AP though. But during port of entry they told they dont need AP and on i-94 they stamped it as h4. Later I talked to my lawyer if that will create any problem in i-485 adjucation becuase she was on EAD and i-94 got stamped as h4. My lawyer replied that new rules are very flexible so I should not worry about it.
Hope this help
 
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Your wife can certainly travel on h4 without taking AP if she has not used her EAD. Once she uses her EAD ( by accepting employment)she should take AP even though you have valid H1.
 
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Mr.anurag Guptha,

can you please inform me whether your wife has taken up employment using EAD before leaving the country. Niki has written that once taken up employment one has to use AP only.

Thanks

SRSK
 
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