Is AP Needed with Wife on valid H4 using EAD

G

gmathur

New Member
I have my H1 visa valid till 2004. My wife joined me on H4 visa March 2002. I filed for I-485 and EAD for both of us in June 2002.

We received our EAD's in May 2002. My wife started using her EAD August 2002. I am currently maintaining my H1 status.

My question is will my wife require an AP document if she travels to India in November 2002 ? Please note as mentioned above, that my H1 and hence her H4 is still valid till 2004....

The Baltimore INS office says that my wife does not need an AP document as I am maintaining my H1 status. My lawyer feels differently ....

Please advise ... information will be appreciated....

Thanks in Advance (no pun intended)!!!!!
 
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