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Keep H4 after using AP?
- Thread starter mimihu
- Start date
You can keep H4 status if you enter US on H4 status with H4 visa.
I heard that one can keep H1 after using AP as long as he/she still work for the same employer.
--- That is correct; employee can also get H1 extensions
Not sure what's the situation for H4
Post your complete situation to get correct answer to your situation
Did you use EAD? When?
How you entered last to US?
Do you still have H4 Visa stamp in passport?
Are you still using EAD?
What is your spouse status at present is he maintaining H1 or used EAD
I heard that one can keep H1 after using AP as long as he/she still work for the same employer.
--- That is correct; employee can also get H1 extensions
Not sure what's the situation for H4
Post your complete situation to get correct answer to your situation
Did you use EAD? When?
How you entered last to US?
Do you still have H4 Visa stamp in passport?
Are you still using EAD?
What is your spouse status at present is he maintaining H1 or used EAD
Thanks, ginnu.
I am asking for my wife. She is in H4 status but does NOT have H4 visa stamp in her passport. I don't have H1 visa stamp either. We have EAD/AP at hand but NEVER used them.
If she uses AP to re-enter U.S., will she lose H4 status and becomes AOS?
A lot of people here were talking about whether using AP will make H1 invalid, but I didn't see anyone discussing AP/H4 issues.
I am asking for my wife. She is in H4 status but does NOT have H4 visa stamp in her passport. I don't have H1 visa stamp either. We have EAD/AP at hand but NEVER used them.
If she uses AP to re-enter U.S., will she lose H4 status and becomes AOS?
A lot of people here were talking about whether using AP will make H1 invalid, but I didn't see anyone discussing AP/H4 issues.
I am asking for my wife. She is in H4 status but does NOT have H4 visa stamp in her passport.
---- If she has H4 extension approval notice with valid I-94 then she is on H4 status if EAD not used. She can get H4 visa stamp when she goes out from US consulate or from DOS in US if her H4 visa has not expired more than 1 year and H1 holder is maintaining H1 status.
For more info regarding Visa revalidation in US read:
http://travel.state.gov/hlop.html
http://travel.state.gov/revals.html
I don't have H1 visa stamp either.
----- if you have H1 approval notice with valid I-94 then you are on H1 and can get H1 visa stamp revalidated from DOS in US if visa not expired more than 1 year or can get H1 stamp when you go out. Visa stamp is just for entry to US.
We have EAD/AP at hand but NEVER used them.
------ if H1, H4 holder has not used EAD then you both are on H1 and H4 status if you both have valid I-94
If she uses AP to re-enter U.S., will she lose H4 status and becomes AOS?
------ Yes she will be AOS not on H4 status as she used AP, if she wants to be on H4 she should get H4 visa stamp based on your H1 and should enter on H4
---- If she has H4 extension approval notice with valid I-94 then she is on H4 status if EAD not used. She can get H4 visa stamp when she goes out from US consulate or from DOS in US if her H4 visa has not expired more than 1 year and H1 holder is maintaining H1 status.
For more info regarding Visa revalidation in US read:
http://travel.state.gov/hlop.html
http://travel.state.gov/revals.html
I don't have H1 visa stamp either.
----- if you have H1 approval notice with valid I-94 then you are on H1 and can get H1 visa stamp revalidated from DOS in US if visa not expired more than 1 year or can get H1 stamp when you go out. Visa stamp is just for entry to US.
We have EAD/AP at hand but NEVER used them.
------ if H1, H4 holder has not used EAD then you both are on H1 and H4 status if you both have valid I-94
If she uses AP to re-enter U.S., will she lose H4 status and becomes AOS?
------ Yes she will be AOS not on H4 status as she used AP, if she wants to be on H4 she should get H4 visa stamp based on your H1 and should enter on H4
hi ginnu
correct me if I am wrong?
1.if one has valid h4 stamping on passport and just use AP as a travel document to re-enter US doesnt change h4 status.right?
2.one of my friend was on h4 visa till june 2003. he got his h1 approved in july 2003 and start working. but he doesnt have a h1 stamping in the passport.
he is planning to visit India in March.
He has got his EAD/AP as well.
If he uses AP to re-enter US (without getting h1 stamping in India) still he maintains h1 status and can work for the employer on h1. right?
does his status change to AOS just coz he used AP to re-enter?
on what status he will be when he re-enter US using AP?
H4 or H1 or AP?
thanks for your reply ginnu
correct me if I am wrong?
1.if one has valid h4 stamping on passport and just use AP as a travel document to re-enter US doesnt change h4 status.right?
2.one of my friend was on h4 visa till june 2003. he got his h1 approved in july 2003 and start working. but he doesnt have a h1 stamping in the passport.
he is planning to visit India in March.
He has got his EAD/AP as well.
If he uses AP to re-enter US (without getting h1 stamping in India) still he maintains h1 status and can work for the employer on h1. right?
does his status change to AOS just coz he used AP to re-enter?
on what status he will be when he re-enter US using AP?
H4 or H1 or AP?
thanks for your reply ginnu
hi ginnu
correct me if I am wrong?
1.if one has valid h4 stamping on passport and just use AP as a travel document to re-enter US doesn’t change h4 status.right?
2.one of my friends was on h4 visa till June 2003. He got his h1 approved in july 2003 and start working. but he doesnt have a h1 stamping in the passport.
he is planning to visit India in March.
He has got his EAD/AP as well.
If he uses AP to re-enter US (without getting h1 stamping in India) still he maintains h1 status and can work for the employer on h1. right?
----- If he uses AP and still continues working with same employer who sponsored his latest H1 then after the use of AP he is still on H1 and also can file for H1 extension in future. His status will be H1 AND AOS pending
does his status change to AOS just coz he used AP to re-enter?
------ If he continue working on H1 with same employer on H1 then his status is H1 AND AOS pending
on what status he will be when he re-enter US using AP?
---- Read above
H4 or H1 or AP?
---- He is entering with AP and continues working with same employer who filed his latest H1 then he is on H1 and AOS pending. Entering on AP does not invalidate his H1, if he uses EAD then no more on H1 and will be on AOS pending. H1 holder can not be on H4 he needs to file COS from H1 to H4 with USCIS
correct me if I am wrong?
1.if one has valid h4 stamping on passport and just use AP as a travel document to re-enter US doesn’t change h4 status.right?
2.one of my friends was on h4 visa till June 2003. He got his h1 approved in july 2003 and start working. but he doesnt have a h1 stamping in the passport.
he is planning to visit India in March.
He has got his EAD/AP as well.
If he uses AP to re-enter US (without getting h1 stamping in India) still he maintains h1 status and can work for the employer on h1. right?
----- If he uses AP and still continues working with same employer who sponsored his latest H1 then after the use of AP he is still on H1 and also can file for H1 extension in future. His status will be H1 AND AOS pending
does his status change to AOS just coz he used AP to re-enter?
------ If he continue working on H1 with same employer on H1 then his status is H1 AND AOS pending
on what status he will be when he re-enter US using AP?
---- Read above
H4 or H1 or AP?
---- He is entering with AP and continues working with same employer who filed his latest H1 then he is on H1 and AOS pending. Entering on AP does not invalidate his H1, if he uses EAD then no more on H1 and will be on AOS pending. H1 holder can not be on H4 he needs to file COS from H1 to H4 with USCIS
Thanks Ginnu.
The reason I asked you is if someone who was in h4 visa and has h4 stamping , but h1 got approved within US, I was thinking if he has to go out of the country he has to get his h1 stamped before he re-enter the country.
if he enter US without getting h1 stamped, then his stauts becomes invalid in US. correct?
I compared the above situation with when the person was travelling using AP, so I raised my question.
so if someone uses AP for travel, then h1 stamping is not required. right?
thanks a lot for your reply ginnu
appreciate it.
The reason I asked you is if someone who was in h4 visa and has h4 stamping , but h1 got approved within US, I was thinking if he has to go out of the country he has to get his h1 stamped before he re-enter the country.
if he enter US without getting h1 stamped, then his stauts becomes invalid in US. correct?
I compared the above situation with when the person was travelling using AP, so I raised my question.
so if someone uses AP for travel, then h1 stamping is not required. right?
thanks a lot for your reply ginnu
appreciate it.
love2002 lot of loaded questions.
Answering your original 1.- had a valid H4 but entered using AP Q- s/he was stupid. Should have entered using H4. By using AP, s/he has to go out of US (if H4 visa stamp is still valid) and enter into US on H4 to be considered on H4(i.e before applying for H4 to H1). The only solution that involves not travelling out of US is EAD.
Answer to original 2. AOS! Has to use EAD to work with employer.
Latest question set:
If somebody who has AP and EAD enters without a H1 stamp, they have to use AP to enter - to gain entry. If you cannot gain entry i.e. get inside US, who is going to bother about your US visa?
Next time describe the circumstances precisely and ask for advice/suggestions. Please dont try to get verification on your impaired judgement- in case you want to help your friend.
Answering your original 1.- had a valid H4 but entered using AP Q- s/he was stupid. Should have entered using H4. By using AP, s/he has to go out of US (if H4 visa stamp is still valid) and enter into US on H4 to be considered on H4(i.e before applying for H4 to H1). The only solution that involves not travelling out of US is EAD.
Answer to original 2. AOS! Has to use EAD to work with employer.
Latest question set:
If somebody who has AP and EAD enters without a H1 stamp, they have to use AP to enter - to gain entry. If you cannot gain entry i.e. get inside US, who is going to bother about your US visa?
Next time describe the circumstances precisely and ask for advice/suggestions. Please dont try to get verification on your impaired judgement- in case you want to help your friend.
hi jaxen
forget to post this message before.
for your answer no.2, if one uses AP to travel, doesnt change the status of H1.
thats what my understanding from ginnu's posting before here and also read in other threads.
but you are saying using AP to enter the country will loose the H1 status?
is that right?
forget to post this message before.
for your answer no.2, if one uses AP to travel, doesnt change the status of H1.
thats what my understanding from ginnu's posting before here and also read in other threads.
but you are saying using AP to enter the country will loose the H1 status?
is that right?