Travelling while 485 Pending....

[sk72]

I have my valid H1 visa(and employment whereas I got AP for my wife. Is it ok for me to re-enter on H1 and her on AP or do both of us need AP to re-enter.
Please provide any credible information resource if possible.
Thanks in advance.

 

[dma_va]

SK72,

In this case, if u r on H1B, she must be on H4. If u re-enter on H1B (rightly so), she will do the same on H4 (and not AP).

AP u use only if u r working on EAD, in which case her H4 becomes invalid and she will also have to use AP for re-entering.

 

[sk72]

Ok.....here's the complication...

She never had an H4 visa...and is currently working using an EAD whereas I'm still with my H1 employer. So I dont need an AP to travel but why does she needs an H4 to re-enter ?

 

[Upstate_NY]

You can surely enter on H1 and have your wife enter on AP. If you want, you can also enter on AP. Its your call.