using Ap & H4 at a time by a family ?

T

truenblue

Registered Users (C)
Is it possible that husband uses AP (H1 stamp expired) and wife uses H4 (has no AP) visa togather at the POE ??
Has anyone been in this situation or has any info ?
appreciate your response..

thanks
 
Last edited by a moderator:
H4 cannot stand-alone. If H1 does not exist H4 will automatically become invalid. So both have to use AP.
 
Originally posted by tammy2
H4 cannot stand-alone. If H1 does not exist H4 will automatically become invalid. So both have to use AP.
Click to expand...

thanks for reply.
Yep thats wat my understanding is, but was not sure.
But in this case person is working on H1B but no visa stamp, having AP which will be used for the first time and wife is having a valid H4 but didnt apply for AP.
 
It may work but controversial issue. If you and your spouse are coming together you may face some problem.
Some one wrote on the same board USICS did not buy the idea that you are still on H1 even after using AP. It may depend upon USICS officer. These are the interpretations provided by attorneys. To make USICS understand these things clearly some one may have to litigate it. These are finer points of immigration law.
Moreover I have not seen any document about this.
 
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