Spouse AP/EAD

I

immihelpuser

New Member
Hi,

I am on H1(has a valid visa stamp) and my I140 has been approved, I485 is pending. My husband is working on spouse EAD and applied for AP, was on H1 before. I am planning to travel with my H1 visa stamp and original 485 receipt notice. Is it valid if I (as the primary applicant) travel on H1 and my husband travel with EAD/AP?

Thanks
 
immihelpuser said:
Hi,

I am on H1(has a valid visa stamp) and my I140 has been approved, I485 is pending. My husband is working on spouse EAD and applied for AP, was on H1 before. I am planning to travel with my H1 visa stamp and original 485 receipt notice. Is it valid if I (as the primary applicant) travel on H1 and my husband travel with EAD/AP?

Thanks
Click to expand...
---no problems
 
I disagree with ginnu. If you have a 485 pending, you need an AP to travel abroad, or your 485 could be considered abandoned.

Also, for the sake of safety, I would advise getting an EAD yourself.
 
mallusan said:
I disagree with ginnu. If you have a 485 pending, you need an AP to travel abroad, or your 485 could be considered abandoned.
----------- read the post by immihelpuser her husband HAS valid AP and EAD, he CAN use AP

Also, for the sake of safety, I would advise getting an EAD yourself.
Click to expand...
 
ginnu said:
read the post by immihelpuser her husband HAS valid AP and EAD, he CAN use AP
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ginnu, the question is whether the primary, immihelpuser herself, can travel on her H1, without AP.

I think it will be dangerous to do so. Especially when her husband is accomanying her with an AP based on a 485 for which she is primary.
 
mallusan said:
ginnu, the question is whether the primary, immihelpuser herself, can travel on her H1, without AP. I think it will be dangerous to do so.
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Why? I had a pending I-485 for three years, re-entered the US numerous times on my H-1 with no issues whatsoever.
 
TheRealCanadian said:
Why? I had a pending I-485 for three years, re-entered the US numerous times on my H-1 with no issues whatsoever.
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Technically, leaving the country without an AP is considered abandonement of the 485 petition.

In your case, I am guessing, INS border agents did not know you had a pending 485. In this case though, the very fact that hubby has an AP would point out to the border agents that the lady has a pending 485.
 
mallusan said:
Technically, leaving the country without an AP is considered abandonement of the 485 petition.
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Uh, no. It's been established regulation that an H or L holder can re-enter the US after filing the I-485 - for about five years now.
 
TheRealCanadian said:
Uh, no. It's been established regulation that an H or L holder can re-enter the US after filing the I-485 - for about five years now.
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In that case I am wrong, but see the real experience in the thread I linked to, above.
 
mallusan said:
In that case I am wrong, but see the real experience in the thread I linked to, above.
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Yes, but if CBP is going to make up rules with no basis in reality then it's simply not safe to travel at all. :) The inspector was just plain wrong.
 
This is what I found on the USCIS website
http://uscis.gov/graphics/services/Emergency/index.htm#Advanced

Advance Parole
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas

So I am hoping that I can travel on H1 because I am maintaining H1 status with valid visa stamp and but my husband is not. As he started working on EAD he lost his H1 status and so would travel on AP.

I just want to find out if there is any such rule that both primary and secondary applicants should be on same status.
 
Changed LUD for EAD and AP

Yesterday my wife EAD and AP LUD's changed but I don't see any message change. Do you have any idea what it would be.
 
immihelpuser said:
I just want to find out if there is any such rule that both primary and secondary applicants should be on same status.
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No, there's never been any requirement that primary and secondary applicants have the same status. One can use AP, one can use an H-1, or an L-1, or one can use an H-1 and the other an L-1. Whatever they qualify for.
 
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