Status Of Dependent After Returning Using AP?

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09-12-2012, 10:46 AM
geterdone

Status Of Dependent After Returning Using AP?

My situation is as follows:
I am on H-1B now which is expiring in June 2013 with EAD/AP approved. I will be going to India in December and I don't plan to get my visa stamped. So I will be basically on EAD/AP when I return. My wife is on F-1 and she will be completing next year, so she is planning to start working using EAD after she graduates.
My question is what status will be my wife in? Does she have to get a visa status also or can she just stay on EAD? I guess she cannot get H-4 since I will not be on H-1. Is there any other dependent visa category? My PD is Jan 2010, so I don't expect to be current for the next few years.
09-12-2012, 01:22 PM
self.coach

Quote:

Originally Posted by geterdone

My situation is as follows:
I am on H-1B now which is expiring in June 2013 with EAD/AP approved. I will be going to India in December and I don't plan to get my visa stamped. So I will be basically on EAD/AP when I return. My wife is on F-1 and she will be completing next year, so she is planning to start working using EAD after she graduates.
My question is what status will be my wife in? Does she have to get a visa status also or can she just stay on EAD? I guess she cannot get H-4 since I will not be on H-1. Is there any other dependent visa category? My PD is Jan 2010, so I don't expect to be current for the next few years.

Just an FYI to everyone, and by no means suggesting anyone to do the same, I just returned from a trip to India on my EAD. My Visa stamp had expired (went after 5 years, so yeah, since a long time), and I chose not to get it stamped. I entered the US based on my EAD/AP combo card - the airport immigration did not even ask for a i485 copy or any other documents for that matter (I was told by my lawyer to keep it with me nevertheless).

Going forward as well, I will switch companies when the time and money is right, and that too based on EAD, using AC 21. I will not renew my H1B anymore. Finally, I refuse to let my life and career be dependent on and affected by the excruciating GC process. There, I said it.
09-12-2012, 02:01 PM
pakkpk

You need to contact your immigration attorney. I can speak for myself. I went overseas and came back on parole. Still continue to use H1B, renewed H1B without any problem, and my spouse continue using H4.
I do not understand that your wife is on F1 and at the same time filed for I-485. Once anyone file for AOS, can not be on non-immigrant visa (F1, L1, B1/B2 etc.) H1B/H4 are considered dual intent visa. I am not an expert so check with your lawyer.

Quote:

Originally Posted by geterdone

My situation is as follows:
I am on H-1B now which is expiring in June 2013 with EAD/AP approved. I will be going to India in December and I don't plan to get my visa stamped. So I will be basically on EAD/AP when I return. My wife is on F-1 and she will be completing next year, so she is planning to start working using EAD after she graduates.
My question is what status will be my wife in? Does she have to get a visa status also or can she just stay on EAD? I guess she cannot get H-4 since I will not be on H-1. Is there any other dependent visa category? My PD is Jan 2010, so I don't expect to be current for the next few years.