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Posted on 27 Feb 2009
Q.

Spouse(beneficiary) on H1- Is AP required if primary goes on EAD

My spouse and myself both are on H1 sponsored by separate companies.
My employer sponsored GC. I-140 is approved. I-485 pending since Jul-07. My spouse is a beneficiary on this I485. First set of EAD/AP for both of us expired in Nov-2008. Filed for second set of EAD/AP in Jan-2009. We received our EAD cards two weeks ago. We are still waiting for AP. So far we have continued to be on our H1s.
Q: If I switch to EAD now, can the spouse travel outside the country without AP and come back on H1 without affecting the I-485/GC process. If I stay on H1 is the travel possible without AP. Spouse's H1 is valid well into 2010. Intended travel is in next few weeks.

User's Location: jersey city, New Jersey, United States of America
Category: Employment-based Green Card
Posted on 01 Mar 2009
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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