JoeF and others Please Clarify

[tdk5]

Joef and other gurus

I need help and clarification on a few things.

I filed 485 last month and am on H1B and visiting India currently. I have filed for my H1B extension also but haven\'t got it and my current H1B has expired. I took AP and EAD when I left the country.

Can I come back using AP and then revert back to my new extension H1B after I get it. How complex is the process. I plan to go back to India next month or so again to get married and then add my wife also to my AOS petition.

What are the best options I have.

1) Can I use my AP to get back now and revert back to my new extended H1B so my wife can get H-4 also. I do not plan on using an EAD but my understanding is that my H1B is invalid when i use my AP.

2) If I cannot go back to my H1B can I do consular processing for my wife only while my AOS is going on here. Or do both of us have to convert to CP only. Do they allow primary to have an AOS and the dependent a CP

I know this is a complex question. But any of you folks out there with knowledge, experiences you may know of will defintely help me with my situation.

Thanks in advance for all your help

 

[ins_waiter]

No Title

Based on your situation, I think you have to wait till H1b extension to come, get h1b visa stamp and h4 visa stamp for your visa and enter the country, immediately add your wife to I485.

Now you could do one more thing, ask a lawyer to clarify whether it is feasible, come back on AP, once you get your H1 extension, send that to your wife and ask her to get a h4 visa.

One question for the forum is do you lose your h visa status one you use AP?

 

[ins_waiter]

No Title

As per www.usvisanews.com you can come on AP still not lose H1b as long as you have not used EAD.

That is basically if you have a valid H1b petition and your employer is using it as per the w-9 then once you get your extension get your wife to have h-4.