Issues without AP, appreciate a response to this!!!!

K

kr2002

Registered Users (C)
Hello

My wife is working on EAD but have valid H4 stamp. We need to travel immediately, can she reenter back on H4 or does she need AP? I am still working on H1 and I know that I dont need AP. Our I 485 is pending at USCIS.

Do anybody know of someone who had issues reentering back on H4 after being on EAD with no AP? Anybody with this experience appreciate your quick feedback.

Also to do a walkin for immediate AP, do I go to the ASC or the DIstrict Office?

Thanks
 
kr2002 said:
Hello

My wife is working on EAD but have valid H4 stamp. We need to travel immediately, can she reenter back on H4 or does she need AP? I am still working on H1 and I know that I dont need AP. Our I 485 is pending at USCIS.

Do anybody know of someone who had issues reentering back on H4 after being on EAD with no AP? Anybody with this experience appreciate your quick feedback.

Also to do a walkin for immediate AP, do I go to the ASC or the DIstrict Office?

Thanks
Click to expand...
Your wife is no longer in H4 status -- she lost it when she started working on EAD.

She cannot re-enter on her H4 -- she needs AP to re-enter.
Do NOT risk it - she will be denied entry on H4.

If the reason for your travel is a true emergency (life & death issue), you can get an emergency AP from the local office -- be sure to take whatever docs you have to prove the emergency situation
 
kr2002 said:
Hello

My wife is working on EAD but have valid H4 stamp. We need to travel immediately, can she reenter back on H4 or does she need AP?
--------------------- if she has H4 visa stamp then she CAN enter on H4 status and will get I-94 based on her H4 visa validity
I am still working on H1 and I know that I dont need AP. Our I 485 is pending at USCIS.

Do anybody know of someone who had issues reentering back on H4 after being on EAD with no AP? Anybody with this experience appreciate your quick feedback.
------------------- after the use of EAD she can enter on H4 and will be admitted on H4 and she CAN also file H4 extension with your H1 extensions
Also to do a walkin for immediate AP, do I go to the ASC or the DIstrict Office?
-------------------- if you need to apply AP for her then her AP application has to be sent to service center where I-485 is pending. it may take 2-3 months for AP approval. if she wants to use AP for reentry then she needs approved AP in hand before she goes out of US.
Thanks
Click to expand...
 
Ginnu,

I have similar situation, only in my case my wife has a expired h4 stamp on her passport.She has got new H4 approval in hand.
But was wondering if she has used EAD already, then can she get this new h4 visa stamped while in India and reenter using H4 stamp.
I can file her AP, but was wondering in case she doesnt get AP approved by Novemeber(going India) then will H4 stamping, help to re enter.
Also on re-entering using H4, can she continue with her EAD usage.

Please let me know..

Prashant
 
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