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Posted on 26 Jul 2010
Q.

Using AP while keeping H1b status and Wife on H4

I am on valid H1 with I140 approved, I485 pending & valid AP & EAD which has never been used. My H1b visa stamp in my passport has expired. My wife is on H4 & Her green card app is not filed as we got married after I applied.

1: Can I travel on my AP and my wife on H4? I will be returning to the same employer to work for so does that help ensure my H1b Status to ensure she remains in status as well?

2: If we cannot travel together, then is it possible for me to come back on my AP first, file for an amendment & then she comes later?

3: Can I apply for my h1b stamping, if there is a delay, can I come back on AP (wife stays back) once processing is completely, go back, get stamp in my passport and we both come back together?

User's Location: Norwood, Massachusetts, United States of America
Category: H1B Visa (Work Visa)
Posted on 26 Jul 2010
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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