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Thread: EAD/AP and H4 visa during re-entry ...........

  1. #1
    Join Date
    Mar 2011
    Posts
    4

    Default EAD/AP and H4 visa during re-entry ...........

    Here is my situation:

    EB2 AOS Status
    H1 and H4 stamped till 2013
    AP vaild till Dec 2011
    EAD valid till Oct 2012

    I had H1B (same employer for last 10 years) and my wife was using EAD for work purpose for last 3 years. We visited India last month and got H1 and H4 stamped. Before travel, we applied AP for her also (waste of money ....Thanks to our attorney).

    During rentry at port of entry, we used H1b and H4 visa for my wife (did not use AP).
    I94 has 3 years stamping per H4.

    Now, she resumed work.. EAD is valid till 2012. Is there any immigration issue ..I think her H4 is still valid as EAD and H4 are independent things in my understandings.

    Question A) Let me know know if u see any issue in her working status on EAD and H4 stamped while re-entry in US.

    Question B) Suppose we visit India or any other country next year, can she still use her H4 for reentry. OR, she must apply AP. I see some posts here which says using EAD will immediately invalidate H4. But, we have H4 stamped till 2013..so I guess..we shd be fine to use H4 for multiple entry till 2013.

  2. #2
    Join Date
    Mar 2011
    Posts
    4

    Default

    pls. help

  3. #3
    Join Date
    Mar 2011
    Posts
    4

    Exclamation anyone can help ?

    any help....

  4. #4
    Join Date
    Jul 2005
    Posts
    5,502

    Default

    Quote Originally Posted by tigerprash View Post
    Here is my situation:

    EB2 AOS Status
    H1 and H4 stamped till 2013
    AP vaild till Dec 2011
    EAD valid till Oct 2012

    I had H1B (same employer for last 10 years) and my wife was using EAD for work purpose for last 3 years. We visited India last month and got H1 and H4 stamped. Before travel, we applied AP for her also (waste of money ....Thanks to our attorney).

    During rentry at port of entry, we used H1b and H4 visa for my wife (did not use AP).
    I94 has 3 years stamping per H4.

    Now, she resumed work.. EAD is valid till 2012. Is there any immigration issue ..I think her H4 is still valid as EAD and H4 are independent things in my understandings.

    Question A) Let me know know if u see any issue in her working status on EAD and H4 stamped while re-entry in US.

    Question B) Suppose we visit India or any other country next year, can she still use her H4 for reentry. OR, she must apply AP. I see some posts here which says using EAD will immediately invalidate H4. But, we have H4 stamped till 2013..so I guess..we shd be fine to use H4 for multiple entry till 2013.

    There's no issue using EAD for work and H4 for entry. it's fine.
    ________________________
    Note: Its not a legal advice. Please consult a attorney.

  5. #5
    Join Date
    Mar 2011
    Posts
    4

    Default Thanks a lot ! Simran!

    Thanks a lot ! Simran!

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