Re-entry with H1, H4 and APs

[Raj1994]

I could not find the exact answer to this question in my search, so I am posting this:

Principal spouse entered US previsouly. Subsequently, dependent spouse seeks to enter the US after a travel abroad.

A) Principal entered on H1, dependent spouse seeks to enter on H4

B) Principal entered on H1, dependent spouse seeks to enter on AP based on a derivative I-485

C) Principal entered on AP, dependent spouse seeks to enter on H4

D) Principal entered on AP, dependent spouse seeks to enter on AP based on a derivative I-485.

Obviously (A) and (D) are possible. What about (B) and (C)? I am asking because AP might be a better option than renewing an expired H1/H4 stamp.

 

[TheRealCanadian]

Originally posted by Raj1994
B) Principal entered on H1, dependent spouse seeks to enter on AP based on a derivative I-485

This is fine. Dependents can enter the US in whatever status they can qualify for.

C) Principal entered on AP, dependent spouse seeks to enter on H4

The spouse is not going to be spouse of an individual in H-1 status any longer, so this is unlikely. I've heard cases of it happenning before, but I wouldn't rely on it.

 

[Raj1994]

Thanks. So once the principal uses his/her EAD to work, then the dependent spouse must travel only using AP? Would the CIS actually know about the prinicpal's losing H1 status (because of EAD use) when the dependent spouse re-enters the US?