PA used AP..Can wife use H4 ?? URGENT pls reply

[rs_mangat]

Hi Gurus,
Quick question...

I was working on H1 & got 3 years extension to my H1 (after 6 years). I also had EAD & AP as back up. I went to India...but couldn't get my passport stamped with H1..so used AP to enter US...As per gurus on this board, I can still work on H1..
Now, my wife is going to India...now can she get her passport stamped with H4? She also has AP as back up.
In other words, if I used AP to enter US (inspite of having H1 approved but not stamped), can she enter with H4?

Please REPLY!!

 

[hopeofgc]

Hi Gurus,
Quick question...

I was working on H1 & got 3 years extension to my H1 (after 6 years). I also had EAD & AP as back up. I went to India...but couldn't get my passport stamped with H1..so used AP to enter US...As per gurus on this board, I can still work on H1..
Now, my wife is going to India...now can she get her passport stamped with H4? She also has AP as back up.
In other words, if I used AP to enter US (inspite of having H1 approved but not stamped), can she enter with H4?

Please REPLY!!

If you are the primary (used AP), then she should also use AP to enter US.
Well, a friend of mine, had the same problem. He didn't had H1B visa on the passport. However, his wife had valid H4 visa on the passport. So, he thought he would enter on AP and she can enter US on H4. But at POE, the immigration officer said that if primary enter on AP, then dependents should also enter on AP as well. Not on non-immigrant visa.

Correct me if am wrong gurus.

 

[rs_mangat]

Thanks ma'n. So what did ur friend's wife did? She she use AP? What if she didn't have one?

Also, I'm still technically working on H1 Visa even though I entered on AP. So I don't know if she can use H4 to enter US.
Or may be they don't care on which document you are working on. They are just concerned about entering US. Am i right?

 

[hopeofgc]

Thanks ma'n. So what did ur friend's wife did? She she use AP? What if she didn't have one?

Also, I'm still technically working on H1 Visa even though I entered on AP. So I don't know if she can use H4 to enter US.
Or may be they don't care on which document you are working on. They are just concerned about entering US. Am i right?

The only difference is they (my friend and his wife) entered together to US then. However, in your case, you are already in US (though entered using AP) and your wife will entering US by herself. I guess she can come in US on H4.