Whether to use H4 or AP to reenter?

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Ven7075

Registered Users (C)
Hi Folks, I appreciate you suggestions and or experience and or any thoughts related to my situation. Thanks in advance.

My long story is:

My wife is traveling to India soon. We both have valid H4 & H1 documents (Form I-797 with I-94 attached) valid till 2003. We don\'t have valid H4 & H1 visa stamps on our passports respectively. In January we applied for I-485 and received the AP and EAD cards and waiting for the approval.

When I raised the question, whether she need to use H4 or AP to reenter, most of them said (including a lawyer) to use H4 (need to get passport stamped in India) to reenter if not granted use AP.

Well, we can certainly do that, but I was wondering if any one else had done it in similar situations? If so what was the result and what did you check for the question 31 on Form 156 (Has anyone ever filed an Immigrant visa petition on your behalf? - YES/NO).

I appreciate your response. Once again thanks for reading such a long story and also for your help!

Regards,
Sam
 
My wife & I entered YES for that question,....

both got new H1s stamped on our passports at Mumbai and came back ...there were no questions asked at the POE, I would defninitly recommend using the H1/H4 entry option over AP. since they will take you to a secondary inspection area...using H1/H4 you are thru in a minute.
 
Why do you bark here?

If you have guts, go and discuss at the right place. Why do you spoil these discussion group, which is specific for Immigration!
 
Use AP or H1

I have AP and valid Hi approval( not visa). My lawyer sent me note saying that I should not apply for visa stamp in India, but use the AP to enter the country after my trip to India.
Aside from the inconvenience of half an hour awit at POE is there any other reason why you should use H1 and not AP

Thanks

rkaw
 
No one is clear about the rules

I will suggest using H visa. Even my lawyer suggested using H visa instead of AP.

One hurdled would be, no one is clear about the rules (every one had their own opinion).
Some say, if one use AP they have to use EAD otherwise they will loose their H status, someone else says that\'s not true one can use AP and then continue on H visa and I am the living proof, etc

Another hurdle would be spending little more time at POE if anyone wants to use AP.

If you have a valid H visa, just get it stamped by using the drop-box and just walk-in without any trouble. (Of course getting passport stamped is a time consuming job, but better than staying out of trouble/confusion) Good thing is that you are just maintaining one status "H", which is better than maintaining multiple statuses "H" or "AOS" or "EAD" or whatever and not to confuse in which status you are.

When no one is clear about this ruel, so why can\'t we just use the old reliable "H" status in which we were last couple of years and stay out of trouble. This is my opinion, write down proc and cons and decide which one is good.
 
No Title

This is my understanding and experience.

You do not need AP if you have a non-immigrant visa like H1/ H4/ L1 etc. When you use your EAD, you are changing your visa status from non-immigrant to AOS (Adjustment of status from Non-immi to per-resident) . (Please Note : Using EAD is different from just having a card. To use an EAD, you will have to give your A# to your employer). One can re-enter US only on AP if his/ her visa status is AOS.
So, if you are on H1/ H4 and have inactivated EAD card, you should enter US using H1/ H4. On the other hand, if you have used your EAD, then you should re-enter using AP.

My case: I travelled to India during Feb 2002. By then I had EAD and not used it. I-94 on my passport was valid till Oct 2001 and I had valid H1 approval (794) till 2003. So, got my H1 stamped in India and entered on H1. In Mar 2002, I changed from H1 to EAD status. But please remember to carry your I 485 application notice. Produce it at POE and INS only if they ask. In my case, they did not.

hope this helps
 
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