Question on AP and H4

[kingno1]

Guys, here is the situation.
My wife was on H4. Her H4 expires Oct 2003.
She worked for a month on iEAD and later stopped and going to school. So, I assume that her status changed from H4 to EAD. She is not working now.
She is going to India this summer and returning on Aug'03. And I am going to file for H1 and H4 extension in August'03(Renewal as I used only 2 yrs of my H1).
My question is,
1)what are her options at port of entry. H4 or AP?
2)Since, her H4 is valid until Oct'03, Does she face any problem if she tries to enter using H4 as only 2 months left before the H4 expires?
3)Is it ok to use AP to enter? which one is better option, H4 or AP?
4)Does she need any paperwork from my company that she has to show at POE? for H4? for AP?

Thanks,
P.S: I can get this information from my attorney, But, with my experience here from past 1 year, I feel that we know much more than they do.

 

[vipsha]

1)what are her options at port of entry. H4 or AP?

H4 would be good option, she will get I-94 till Oct'03, otherwise AP is also an option but I would say avoid AP.

2)Since, her H4 is valid until Oct'03, Does she face any problem if she tries to enter using H4 as only 2 months left before the H4 expires?

No, she can always says that extension for H1/H4 has already been applied
(she can show the receipt notice if you get that by that time)

3)Is it ok to use AP to enter? which one is better option, H4 or AP?
(1) H1 (2) AP

4)Does she need any paperwork from my company that she has to show at POE? for H4? for AP?
Yes It would be nice if you can provide EVL with some paystubs and H1 extension receipt notice.

 

[Coolboy]

1. Use AP
2. No problem but I don't think you can be admitted into school using H4. I am not sure here. That is why AP is better and using EAD you can go to school. Since you mentioned she is going to school forget all visas, use AP and EAD.
3. Yes and use AP.
4. For AP no. Just AP document and passport. No visa is also required.

 

[vipsha]

If she did not changed H4 to F1 or she got admission in school on bases of H4 then why she needs EAD/AP. H4 is a clean way.
You can get admission in community college on H4 bases and there are other private schools which don't require EAD or F1.

 

[kingno1]

Thx

Hi Guys,
Thanks for your input. She is doing her Masters( 2nd sem) on H4 only at San Jose State University.
My only concern it about the chances of her re-entry into USA on H4 as only 2 months of her H4 Visa will be left at the time of her Arrival at POE.
My attorney said that he will apply for H1/H4 visa extension 2 months before the expiry.i.e. in August. So, we will get the receipt only in August.
Another thing is that, if at all she gets problem at POE during re-entry with H4, Can she use AP rightaway.(I mean, first she shows H4 visa to enter and if at all, it poses a problem, then she will reveal and show that she has AP)

 

[Coolboy]

Yep.. that shouldn't be a problem. You can have AP and you can show H4 to re-enter and no problem will arise. If really problem arises, there is no wrong to show AP and enter using AP. The immigration officers do not pose any problems if you show and say ok.. I want to enter using AP. They just mention on the I-94 that you are entering using AP instead of H4.