Travel outside myself on h1 and dependant on AP. Is it Possible

N

Navn

New Member
I applied I-485 for me and my spouse. I am working for the same employer and not taken any outside job. My spouse applied for EAD and AP along with her I-485 AND I did not apply for EAD & AP. I am planning to travel to India. I have H1-B stamp on my passport valid till June 2001.

1) Now can I travel on my unexpired H1-B and my spouse with Advance Parole for reentry to US ?

i.e. Can we use different Documents (H1 for myself and Advance parole for my spouse)
     to enter US?

Travel outside myself on h1 and dependant on AP. Is it Possible
 
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My dear friend Your situation is complex. What i say is my own thoughts and better consult your lawyer.
firstly if you are the prime applicant and if your spouse uses AP, Then probably you should also use AP.
If you have valid H1, Then your spouse must also have valid H4. Why not use her h4 rather than using AP?
These are some of my thoughts and better take the advice of your attorney.
Brahma
 
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Offcourse, you can! Just carry your I485 reciept with you and your wife should take her AP and EAD
 
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Hello Navn

Short answer to your question is "YES".

My wife and I did the same. I entered using H1B visa, and my wife used her EAD and AP. Many of my friends did the same. Your situation is "not at all" complex.

Don\'t worry. Go ahead and plan the trip. Just make sure you and yours carry all the documents.

"a.k.a. ...Been There Done That..."
 
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I agree with Brahma and disagree with 485/Waiter and Beemboy.

I am in similar situation and I have been told by my attorney - if my wife uses EAD and/or AP, I have to use AP. Though I have valid H-1.
Also, I haven\'t travelled yet and I am planning to travel in November (after Dipavali).

Hope this helps.
 
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Hi BeemBoy,

Thanks for your reply.

Did you and your wife entered US together at the same time ?

I heard that While entering US together, they expect both should be in AP or H-1/H-4 Visas.
If Principal applicant in H1 and Wife is in AP, then there will be a problem while enter ?

Is it Right ?

You input on this will be appreciated.

Thanks in advance

NAVN
 
No Title

Hi Navn,

YES - My wife and I entered U.S. at the same time. We went together to the same Immigration Officer at the airport. I presented my passport with H1B visa, employment letter and the new I-94. The officer asked the usual questions as to which company I work for and what\'s my title. Nothing more. Then, my wife presented her passport, AP, EAD, employment letter and new I-94. Not even a single question asked. Just advised my wife to keep the EAD safe.

Please do understand that I am not very well versed with the immigration laws. What I have presented here is my personal experience and what I gather from my friends.

It is very easy to obtain an AP. I would suggest you to get one, if having that would make you feel more secure and confident.

Good Luck.

"a.k.a. ...Travelling While On I-485..."
 
No Title

Navn, you have nothing to worry about. You CAN use your H1 while your wife uses EAD/AP . I\'m in a similar situation and while I have yet to travel outside the US I have done a lot of checking with my company and also with others who are in a similar situation and HAVE travelled outside the US, and they all agree that its OK.
 
No Title

I travelled on AP whereas my spouse travelled on H1. I had a valid H1 and was travelling together with my spouse. It\'s not true that once you travel on AP, both have to travel on AP. That was an old "law".

However, my lawyer didn\'t tell me the "complications" I\'ll have for travelling on AP. Once you travel on AP, you loose your H1. That\'s why now I\'m stuck here, waiting for my application for a new H1.

Talk to your lawyer.
 
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