Primary returning on AP, spouse on H4.

[z/OS V1.4]

Chat User : Hi, Murthiji. Will there be any problems at the POE when I enter through AP (expired H-1 visa in PP, and continuing job under H-1 with same employer) and my wife enters through her stamped H-4 visa? Thank you.

Attorney Murthy : Generally, the spouse cannot enter on the H-4 visa if the principal enters on the AP and both enter the U.S. at the same time. There is likelihood of risk that your spouse would be required to enter on the AP by the POE inspector. The safest approach would be for the principal to apply for the H1B visa stamp, if still working with the same H1B employer.


Ideally, it looks like, either both should return on H1 and H4, or
both on AP.

 

[gc7520]

I entered on AP and my wife and kids entered on H4 from IAD. The immigration officer first stamped my Familie's passprots and then asked me to go to his higher officer to get the stamp on my passport. I told him that my family is with me and I have an AP and H1B (Valid) but he stamped AOS instead of H1! I guess my luck!