Travel on AP to get married

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calboy93

Registered Users (C)
HI Guys....I am planning to travel on my AP and get married and come back using AP. My question is after I enter using AP will my wife will still be able to apply for H-4 visa and enter US on H-4. My H1B is valid for 2 years. Thanks for yor help.
 
calboy93 said:
HI Guys....I am planning to travel on my AP and get married and come back using AP. My question is after I enter using AP will my wife will still be able to apply for H-4 visa and enter US on H-4. My H1B is valid for 2 years. Thanks for yor help.
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Hi calboy93, I am in the same boat. Please let me know if you get any information on it.
Thanks.
 
I am not sure if using AP invalidates H1-B like using the EAD does, but why don't you just travel on H1-B? It is a dual-intent visa and you can use it while on AOS without affecting your I-485 application. If you do not currently have a stamp, it would mean you would have to stamp it in your home country before you return, though.
 
The reason I do not want to use H1B to come back is the wait time it may take to get a stamp.

I went to differnent web sites and it is kind of a grey area, but I am looking if some one has done that or has a definative answer.
 
Hi Calboy,
It is advised to clarify with attorney, if u have one. According to my knowledge, you can not go for visa stamp while I-485 is pending. You must obtain AP to reenter. Alternatively, you can enter if you have valid stamp already.
In your case u must use AP. I don` think it will affect your wifes H4 status or your H1 status. However, use of EAD will invalidate your H1 status.
Hope I am right. Clarify with others.
 
Best thing here is to get H-1B / H-4 stamp together. Also consult an immigration attorney for using AP - if you loose H-1B status (as a result of invoking AP) then your cannot get your wife in the U.S. through H-4.
 
invoking AP has nothing to do when you have a valid H1 . It is EAD which would invalidate the H1. Better to get H4 stamped in India and then come back and use ur valid H1 stamp to enter.
--my two cents
 
mad4gc said:
invoking AP has nothing to do when you have a valid H1 . It is EAD which would invalidate the H1. Better to get H4 stamped in India and then come back and use ur valid H1 stamp to enter.
--my two cents
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You are incorrect. When you use AP to reenter , you are paroled in to the country based on your AOS application. That means your status changed from H1 to "Waiting AOS" state (for the lack of a better word).

The EAD does not confer you any status, it is an authorization to work.

To the original requester, You need to keep your H1 status , if you want to get H4 to your wife. Your best bet is to get the H1 stamping in your home country and enter on H1, get H4 to your wife.

This is not a legal advise. My opinion based on my experience. Talk to a competent lawyer to get proper advise.
 
I just clarified with my attorney and he said that it is fine to enter on AP and the H1 will remain valid. Other people in this situation may also ask there attorney and post the answer here. Thanks everyone....
 
My attorney said that using AP invalidates H1. Keep your AP with you and try to play a safe game by getting H1 stamping with along H4. H4 stamping alone may lead to lot of queries by consulates.

Worst case if your H1 is rejected you can still come back with your AP.
 
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