Reentry with H4 or wait for AP approval

cartoon

New Member
Hi,
My wife got I-140 (via NIW) approved but her I-485 is still pending. I am on H1-B status expiring Dec 1, 2004.
My wife has filed AP, EAD and H4. She got EAD and H4 approved but AP is still pending. She hasn't used EAD yet but plans to use after coming back from traveling.
I also filed I-485, AP and EAD. I got AP approved but EAD is still pending.
We would like to travel out of US and re-entry. What is the best option?
Questions
1. Should I re-entry with H1-B or AP?
2. Is my I-485 receipt required for re-entry with H1-B
3. Is EAD required for re-entry with AP?
4. Does re-entry with AP terminate my H1-B?
5. Should my wife wait for AP? or she can get H4 visa stamped and re-entry with H4?
6. If she re-entries with H4, will she be considered abandoning her I-485 case?
Thank you. :)
 
cartoon said:
Hi,
My wife got I-140 (via NIW) approved but her I-485 is still pending.
I am on H1-B status expiring Dec 1, 2004.
My wife has filed AP, EAD and H4. She got EAD and H4 approved but AP is still pending.
She hasn't used EAD yet but plans to use after coming back from traveling.

I also filed I-485, AP and EAD. I got AP approved but EAD is still pending.
We would like to travel out of US and re-entry. What is the best option?
Questions
1. Should I re-entry with H1-B or AP?
---- if you have valid Visa then enter on H1 or can use AP
2. Is my I-485 receipt required for re-entry with H1-B
----- if you have H1B visa stamp then they dont ask I-485 filing reciept at POE, if you enter on AP better keep I-485 filing reciept and show ONLY if asked
3. Is EAD required for re-entry with AP?
---- by law it is not required
4. Does re-entry with AP terminate my H1-B?
-----NO, if you are going to work with same employer who filed your latest H1 and you can also file H1 extension
5. Should my wife wait for AP? or she can get H4 visa stamped and re-entry with H4?
------ I will wait for AP to be approved, becase if the consulate takes time for H4 Visa stamp or delay the H4 Visa stamp then I will use AP
6. If she re-entries with H4, will she be considered abandoning her I-485 case?
-----NO, she can enter on H4 or AP her I-485 will not abandoned if she comes back before AP expiry date
Thank you. :)
 
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