I-485 pending, travel on H4 without AP, working on EAD.

J

John78696

Registered Users (C)
I am with the same employer which filed my Green Card and I am holding both H1-B and EAD/AP.

My wife has a EAD but no AP. She is currently working on EAD. Is it possible for her to go to India and get H4 visa stamped and come back to USA on H4 while working for the current employer on EAD.

Please respond as this is a urgent!!!
 
With a new H4 visa stamped in her passport, she can return without AP. However, once she resumes working that would violate her H4 status. So her H4 status would remain valid only in the few hours or days from the entry at the airport until when she starts working again!
 
Thanks Jackolantern,
Since the H4 is valid for approx. 3 years and you say that the status is no more H4 after she returns (to USA) and resumes work. Does that mean that she cannot travel again on H4 visa later?
 
Once she violates the H4 by working again, she can't use that same H4 visa to enter, she would need a new one to be stamped in her passport. However, she might be able to enter again with the same H4 stamp if USCIS doesn't realize that she worked, but that would be taking a risk ... they could find out later that she was working before using the visa a second time, which could cause problems for her I-485.
 
Given that she already has a pending I-485 and therefore can continue to stay in the US legally, why do you care so much about her having an H4? What special circumstances are you not mentioning?
 
Not hiding any special circumstances. She does not have a AP as she is not planning any travel, but would like to use H4 in case she has to leave the country in an emergency.
 
I am confused about why she doesn't want the AP. Having AP does not mandate anybody to travel, it only provides the option to travel. And working will not invalidate the AP, but it would invalidate the H4.

And the AP is free if her I-485 was filed after the Summer 2007 fee changeover.
 
Last edited by a moderator:
John78696 said:
I am with the same employer which filed my Green Card and I am holding both H1-B and EAD/AP.

My wife has a EAD but no AP. She is currently working on EAD.

Is it possible for her to go to India and get H4 visa stamped and come back to USA on H4 while working for the current employer on EAD.
------------------------- when she goes out of US she will not be working on EAD and she will be in India . EAD is for work in US not India. if you have not used EAD and are on H1 status then she can go out of US and can get H4 visa stamp based on your H1 and can enter on H4 status and will get I-94 based on H4 visa stamp validity( that will be till your H1 validity). once she enter US on H4 and she again use the EAD for work then she will not be on H4 status. if she works with EAD and then again wants to be on H4 status and she has Valid H4 visa stamp then she just need to exit US and again enter on H4 status(if you are on H1 status).
at this time many face problems for H1 visa or H4 visa stamps in US consulates. if they reject her H4 and she does not have valid AP with her then how she will enter US? to be safe she should apply for AP and get approved AP in hand before she goes out of US. if she gets H4 stamp then she can enter on H4 status and if any problem in Visa stamping then she can use AP for entry to US.
Please respond as this is a urgent!!!
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