using AP just before expiring

E

eeshwar

Registered Users (C)
Myself and my wife have a valid H1B and H4 visa ( valid till Nov 2005 for both of us) and aslo the Visa Stamp on the passport.
Our I 485 is pending since Jan 2003 and we both have EAD and AP. We are planning to visit India
and come back together in the 3rd week of June 2003. Our AP is expiring on June 30 th 2003. My question is

1. What is my status, if I use AP to enter US?
2. What is my wif'es status if she uses AP to enter US?
3. Is it OK to enter U.S. with just 1 week remaining on our AP.
4. If we want to go to INDIA again may be in Nov, 2003, is it good idea to apply AP again?
 
If you have a valid visa till Nov 2005, just use your visa to get into US, this will help you from the hassel of re-applying for AP every year, and paying all the processing fees.

Granted, you will be finger printed, if you use a VISA, but on AP, you probably will be taken for secondry inspection.

Anyways, here are the answeres to your questions.

1. If you work for the same employer and not use an EAD, you will still be on H1
2. (I am guessing) If you are on H1, your wife will be on H4 even if she uses AP. (she has to not work or anything)
3. It is ok to use AP untill the day it is expired (well a day before it is expired).
4. You can apply for AP again, but why do you want to bother with that, just use your H1 Visa.
 
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