Is it mandatory to WORK in order to travel on AP

js07

Registered Users (C)
Currently me and my spouse are in H1B/H4 status which is valid till April 2007. Recently we received our EAD/AP which is valid till mid july 2007. I know if we travel before April 2007, we need to go for Visa Stamping. (At least thats how I understand from different threads in this forum). But if we travel after April 2007 and want to use AP to get back, do you think my spouse needs to work (on EAD)? Is working on EAD a mandatory requirement for travelling on AP. Is the status still legal to have EAD and not work anywhere (assuming we don't continue renewing H1B/H4 Visa extension)?
 
EAD and AP

EAD and AP are not related at all. AP allows you to enter the country without presenting any other proof when your AOS is pending.
Similarly - EAD allows you to work. One is not dependent on the other.
Spouse holding H4 can have EAD and not use it, it is perfectly fine. In both your cases, pending AOS status is good enough for your legal stay in the country. However, I would think the primary holder (H1) has to be working, either on EAD or on H1.
 
Last edited by a moderator:
Top