Travel without AP

[nilu2079]

Urgent----Travel without AP
I want to inquire whether my wife (H-4) can travel outside the country when she had applied her I-485. We have just applied for AP. My laywer says Law doesnt say anything about H-4 but H-1b can go out and enter without AP. My laywer also says as soon as my wife has filled her I-485 application, she is no longer on H-4 status and she need AP to leave and enter the country.

Is is safe to travel on H-4 without having AP?

 

[TheRealCanadian]

My laywer says Law doesnt say anything about H-4 but H-1b can go out and enter without AP. My laywer also says as soon as my wife has filled her I-485 application, she is no longer on H-4 status and she need AP to leave and enter the country.

Your lawyer is telling you that he or she is not familiar with the last half decade's worth of developments in immigration law. Regulations are clear - all H and L holders can return to the US without AP. That goes equally for H-1, H-2, H-3 and H-4 holders, as well as L-1 and L-2 aliens.

My wife re-entered numerous times with only her H-4; in fact the first time she left without AP or an H-4 and requested admittance in H-4 status at the POE (since she was visa-exempt).

 

[fast_gc_seeker]

Urgent----Travel without AP
I want to inquire whether my wife (H-4) can travel outside the country when she had applied her I-485. We have just applied for AP. My laywer says Law doesnt say anything about H-4 but H-1b can go out and enter without AP. My laywer also says as soon as my wife has filled her I-485 application, she is no longer on H-4 status and she need AP to leave and enter the country.

Is is safe to travel on H-4 without having AP?

H visa holders can use their visa to enter even if 485 is pending and no AP.
FYI - its H visa and not H1B

 

[fast_gc_seeker]

Your lawyer is telling you that he or she is not familiar with the last half decade's worth of developments in immigration law. Regulations are clear - all H and L holders can return to the US without AP. That goes equally for H-1, H-2, H-3 and H-4 holders, as well as L-1 and L-2 aliens.

My wife re-entered numerous times with only her H-4; in fact the first time she left without AP or an H-4 and requested admittance in H-4 status at the POE (since she was visa-exempt).

whats if H4 visa holder is no longer on H4[used EAD] or H4's primary is no longer on H1?

 

[TheRealCanadian]

whats if H4 visa holder is no longer on H4[used EAD]

If they got a new visa stamp while abroad and do not intend to work after their return to the US, then I don't see why not.

or H4's primary is no longer on H1?

In that case they no longer qualify for admission in H-4 status, no matter if they have a pending I-485 or not.

 

[fast_gc_seeker]

If they got a new visa stamp while abroad and do not intend to work after their return to the US, then I don't see why not.

i don't follow that statement. Please elaborate.

if H4 visa holder has used EAD before and goes on vacation. They will have intensions to use EAD again, does this means they wont be allowed to enter on H4 if they dont have AP?

 

[TheRealCanadian]

if H4 visa holder has used EAD before and goes on vacation. They will have intensions to use EAD again, does this means they wont be allowed to enter on H4 if they dont have AP?

OK, if they've used the EAD then the H-4 status is toast. I believe that the status violation automatically cancels the visa stamp, but it's debatable whether DOS or CBP will ever find out.

Either way, if they're seeking to re-enter in H-4 status, they have to intend to maintain said status, or at least not violate it right away. If the POE inspector looks up the alien's record in CLAIMS and then asks "You've got an EAD. Planning on working?" and the alien answers yes, then I think admission could be refused on the H-4, since they are clearly intending to violate their status.