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bpratap
11-02-2011, 12:54 PM
Background Info. I have EAD/AP which I never used till date. My Wife is on H4, as we got married after July 2007. So my wife is not in GC files yet. I have to be on H1 to maintain my wife's H4 status.

Can I travel using AP and my wife use H4 at the port of entry while Coming back to US ?

of course it will create a confusion to immigration officer at the post, but we can go to different immigration officer. Is it OK to do that ?

is there anybody in the similar situation ? or tried using AP and H4 for travel ? What are the implication on doing that ?

coopheal
11-02-2011, 12:59 PM
Background Info. I have EAD/AP which I never used till date. My Wife is on H4, as we got married after July 2007. So my wife is not in GC files yet. I have to be on H1 to maintain my wife's H4 status.

Can I travel using AP and my wife use H4 at the port of entry while Coming back to US ?

of course it will create a confusion to immigration officer at the post, but we can go to different immigration officer. Is it OK to do that ?

is there anybody in the similar situation ? or tried using AP and H4 for travel ? What are the implication on doing that ?

From what I have read and understood so far is that you on AP and wife on H4 is not a good idea.

ramaonline
11-02-2011, 01:52 PM
It is best to get H1 stamp and use that for re-entry

To answer your question, it can possibly work if you travel at different times

Once you enter on AP, your status changes to Parolee. But you can change it back to H1B by filing extension of H1 status

The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP "may apply for an extension of H1B or L-1 status, if there is a valid and approved petition." If the USCIS approves the petition, this "will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification." Therefore, one's H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.

The spouse's H4 status will continue to stay valid since you will be in valid h1b status.

Please clarify with an immig attorney

njverifier
11-02-2011, 05:55 PM
I am exactly in the same situation and have a trip scheduled in the middle of Nov. Here is what my attorney has to say (direct from her email):

"It should not. You are allowed to use your AP, and your wife is allowed to use her H-4. However, CBP officers are not always well-versed and they may give you a small hassle. I would recommend you go through customs/immigration separately to avoid any possible confusion on their part."

I would suggest that let you wife go through the immigration first and you go in a separate line after 10 mins. This should not cause any issue. I repeat, make sure that your wife will go through immigration first.

Please post you experience here when you are done. Good luck.

bpratap
11-02-2011, 07:36 PM
My Travel/ Return dates are in January 3rd week. so I guess you would be comming in first..

Good to know I am not alone in the situation. Please post ur experience after ur trip.



I am exactly in the same situation and have a trip scheduled in the middle of Nov. Here is what my attorney has to say (direct from her email):

"It should not. You are allowed to use your AP, and your wife is allowed to use her H-4. However, CBP officers are not always well-versed and they may give you a small hassle. I would recommend you go through customs/immigration separately to avoid any possible confusion on their part."

I would suggest that let you wife go through the immigration first and you go in a separate line after 10 mins. This should not cause any issue. I repeat, make sure that your wife will go through immigration first.

Please post you experience here when you are done. Good luck.


I would be joining back my H1 employer on my return.


It is best to get H1 stamp and use that for re-entry

To answer your question, it can possibly work if you travel at different times

Once you enter on AP, your status changes to Parolee. But you can change it back to H1B by filing extension of H1 status

The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP "may apply for an extension of H1B or L-1 status, if there is a valid and approved petition." If the USCIS approves the petition, this "will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification." Therefore, one's H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.

The spouse's H4 status will continue to stay valid since you will be in valid h1b status.

Please clarify with an immig attorney


Is there anybody who have already used AP & H4 together ?

sundarpn
11-02-2011, 09:07 PM
I am in the exact same boat. Posted a question under 'ask the lawyer' forum here. But no response.

If the primary on H-1, re-enters using his AP: will future H1b transfer (to a different employer) be an issue? since the I-94 given will say 'parolee' and also be valid for just a yr.

njverifier
11-03-2011, 01:05 AM
I am in the exact same boat. Posted a question under 'ask the lawyer' forum here. But no response.

If the primary on H-1, re-enters using his AP: will future H1b transfer (to a different employer) be an issue? since the I-94 given will say 'parolee' and also be valid for just a yr.

I am not sure about the transfer but there will not be any problem with extention. I got mine extended beyond 7th year without any issues. I guess it should be the same with transfer. Check with your attorney...