question about AP

D

David Owen

New Member
Hello, All,

I have to travel out of US at the end of November, it's unlikely my case will be approved by then according to the current pace. So I have to get back using AP. I have the following questions:

1. My wife (filed as dependent) is currently on H4-B, when I come back with AP, my status will be changed from H1-B to EAD status, then what will be my wife's status? Is she still legal to go to school then? She will not travel with me.

2. What if my case is approved during my travel out of US, by what status will I be admitted?

Thanks in advance

John:rolleyes:
 
H1B

as far as I know, is dual-intent. Therefore, AP is redundant and is not necessary if you wish to travel in and out of the US, but you need to make sure you have the proper documents in case INS questions you upon arrival to the US. At least this is what I learned from my lawyer. Your wife's status would obviously change when yours do, and this I'm not sure. You probably need to ask your lawyer.

mathpc
 
your case can be approved by November

It is not impossble that your case be approved by November...
If you come back using AP, i am sure your wife will no longer be in H4b but in EAD/AP status. She can work but must present an EAD, of course she can study as well...

You may get a H1B visa from a consulate again, but money and time... I would highly recommend that you go out of the country after you get your GC...

just my own opinion, i have learned so much from this site...
 
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