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spouse travel using AP
- Thread starter iulkcg
- Start date
superchaks
Registered Users (C)
Well, As long as he got a valid H-1B visa and enters the country using that and not using AP, he should be fine. AP can be used if he is travelling out of the country without valid visa.
Chaks
Chaks
jkvaisnavi
Registered Users (C)
iulkcg said:My husband is currently under H1B with labor pending, he got AP through my
485. If he travels using AP, can he still remain H1B when he gets back,
will using AP affect his H1B status and the pending labor?
Best,
Yes, he can use AP to come back and he can continue to be in H1 status once he come back.
If use EAD then your H1 is invalid, AP is just like you visa stamping in your passport, that is nothing to do with the H1 status..
jkvaisnavi said:Yes, he can use AP to come back and he can continue to be in H1 status once he come back.
If use EAD then your H1 is invalid, AP is just like you visa stamping in your passport, that is nothing to do with the H1 status..
Okay then what if the your spouse is on H4 (but Visa stamping has expired) and the I-94 is also expiring but has EAD and AP, and wants to go back to native country and come back. Is there any good reason why the spose should get a fresh Visa (H4) stamped at the Consulate from the native country rather than use the AP to enter US.
jkvaisnavi
Registered Users (C)
As far as I know, if anyone has AP/EAD, then its upto them to decide, want to maintain the H statusn or not.
If you maintain your H status then, even if 140/485 is denied you have option of going back to H status agian,
If you maintain your H status then, even if 140/485 is denied you have option of going back to H status agian,
Last edited by a moderator:
neocor said:Okay then what if the your spouse is on H4 (but Visa stamping has expired) and the I-94 is also expiring but has EAD and AP, and wants to go back to native country and come back. Is there any good reason why the spose should get a fresh Visa (H4) stamped at the Consulate from the native country rather than use the AP to enter US.
The way you describe it - no, not really.