Travel using Approved I-797 and AP

[olops]

The situation is , my friend entered the country on F1 and F1 visa is stamped on his passport which is now expired. Then my friend chnaged to H1, but never went out of the country. So he doesn't have any H1 stamped on his passport. Now he has a approved I-797 and AP. He wished to go to his home country and bring his wife into US. Time is short so my friend doesn't intend to stamp the H1 in his passport in his home country.

Given this situation, can his wife get H4 stamped with husband having only I-797 ? Can the husband use AP to travel back into US, and if he does that does his H1 still be considered as valid or does using AP invalidate the H1 (I know for sure that using EAD invalidates the H1)

Appreciate your inputs and thanks in advance

 

[mgkadiri]

The situation is , my friend entered the country on F1 and F1 visa is stamped on his passport which is now expired. Then my friend chnaged to H1, but never went out of the country. So he doesn't have any H1 stamped on his passport. Now he has a approved I-797 and AP. He wished to go to his home country and bring his wife into US. Time is short so my friend doesn't intend to stamp the H1 in his passport in his home country.

Given this situation, can his wife get H4 stamped with husband having only I-797 ? Can the husband use AP to travel back into US, and if he does that does his H1 still be considered as valid or does using AP invalidate the H1 (I know for sure that using EAD invalidates the H1)

Appreciate your inputs and thanks in advance

Using AP does not invalidate H1B. I came to know this through my Attorney.

 

[olops]

thanks mgkadiri, can folks please chip in with more inputs., really appreciate.

 

[manwithnoname]

Your friend should be fine by using AP. This wont force him to adustment of status phase, thereby invalidating the H-1B. Please ask your friend to carry all I-797s so that his wife can obtain H-4. FYI - using EAD invalidates the H-1B status.