fnu shaiesta
Apr 13, 2024
question regarding Ap.
I have a question regarding using AP for me and my kids while my husband still on H1B status. Me and my kids are currently on H4 and my spouse on H1B. My husband have approved I-140 (EB1A) (PD- Nov-2022). We applied for I-485 in December 2022 for me, my husband and two dependent kids. We received EAD and parole documents (travel documents) recently. My husband also got his H1B stamping in US (under pilot program-domestic) and now I would like to visit India soon with my family and my husband is going to use his H1B visa stamping to renter in US as his employer attorney recommended, but I would like to use AP documents for me and my kids to reenter USA. I need your opinion if someone has any experience with that. Is it possible we can re-enter with AP documents while my husband is still on H1B? Thank you very much for your help.
Best,
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Mr GreenApr 13, 2024
This is tricky as H1B is a dual intent visa. You should contact an attorney.
S TApr 13, 2024
You can enter US using AP but you will lose your H4 status although your husband entering on visa will maintain his H1B status. In that case if 1 percent your I485 is denied for some reason, you will be out of status in the US.
Rijo RijoApr 13, 2024
Why not re-enter with y'all H4? Unless you are already using your EAD. If not, there is no reason to use the AP.
Regular guyApr 13, 2024
my wife and I were exactly in similar situation (L1 and L2) and went through the experience. She traveled to India about 3 months ago and entered US on AP instead of L2. other than spending some time for secondary inspection it is very smooth. She is now on AP status while I continue to be on L1. hope that helps
Rijo RijoApr 13, 2024
@Regular guy, just curious, how different is it for your spouse to have entered on L2?
Regular guyApr 13, 2024
I am not sure what your question is meant to seek @Rijo Rijo but I was just saying that you can use your AP as well
Rijo RijoApr 13, 2024
@Regular guy, but I said that I am curious. You stated that "other than spending some time for secondary inspection, it is very smooth". Hence, I became curious to know what would have happened if L2 was used.
Raj veerApr 14, 2024
@fnu shaiesta Any specific reason that you don’t want to use H4? it is always advisable to us H1/H4 visa instead of GC AP. as mentioned by @S T, god forbids if i485 gets denied then you will still be in H4 status and can take appropriate action. Once you use GC-EAD or AP you will loose your H4 status.
Regular guyApr 15, 2024
oh I get it now @Rijo Rijo. my wife’s L2 was not stamped although approved and dates were not available when she had to urgently go to India. therefore she decided to use the AP instead.
