Using AP with Valid H4

K

kingno1

Registered Users (C)
Hi guys,
Have a question regarding Using AP while H1/H4 is still valid.
My wife is going to India this summer.
She has a valid H4 until Oct 2003
She has a valid AP until Jan 2004
Eventhough, I have EAD, I am still on H1B and she on H4.
So, when she returns at POE, does she has to use her H4 visa and dont have to mention about AP at all?
Or Does she have to show H4, AP and enter through AP?
 
It depends. Both can be used. However the question that needs to be consiedered is are you going to extend your H1 so that after she enters US, she can apply for H4 extension so that she gets I-94 extended as well(past Oct2003). If you are planning to use EAD instead of applying for H1 extension, it is better for her to enter using AP. I would prefer using AP instead of H4.
 
Thx Coolboy. I am going to file for extension on H1 as I used only 2 years of H1 until now and just to be on safe side.
She can as well enter using I-94 and later on file for H4 extension. right?
I dont know the adv/dis adv of H4 vs AP.
 
Less scrutiny on H4

if she enters on AP for the first time she will have to go thru secondary inspection..they will pull up her and your files on the computer..maybe ask a few Qs.
with H4..it is just a simple stamp and she is thru.
 
definitely H4

if she uses AP then her H4 is void. same applies to your H1. it's always a good idea to keep an H1/H4, just in case you had any trouble with your AOS.
 
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