Totally Confused : need ungent help

H

HVS0909

Registered Users (C)
Hi ,

I applied for my I-485 along with EAD and AP in January'03 and my first 3 years of H1-B was expiring towards the end of feb'03. Before the H1-B expired my company also applied for my H1-B extension so that I remain in status.

Now on March 17th 2003 I received my EAD and AP. Since I had some urgent company work outside the US I had to use my AP to re-enter the US. In May I also received my I-797 approval notice.

My question is I am getting married to a girl living outside the US and the only way I guess she can join me is on an H4. In my situation having used the AP, can I still apply for an H1-B visa so that my wife can get her H4?

Thank you all in advance,

Regards,

hvs0909
 
Entering on AP alone wouldn't VOID your H1B.
If you are still working for the same employer who did your H1B, you are still in H1B status and you can get married and bring your wife on H4.
Hope this helps.
Good Luck
 
If you have not used EAD for work with your employer or with any other employer you are on H1 even if you entered with AP if you were maintaining H1 with your employer. You can also file for H1 extension read below:
http://www.immigrationlinks.com/news/news301.htm

http://www.murthy.com/UDnewins.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

"can I still apply for an H1-B visa so that my wife can get her H4?"
YES, send your H1 approval and all other documents if you are on H1 status
 
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