H4 - EAD - Reentry without AP

[santoo]

Hi,

I am on H1 and my H1 expires on 30 Sep. My wife has H4 but she is working using her EAD. She also has H4 toll 30 Sep.

We are planning to go for vacation to Canada and will return on 28 Sep.
Do my spouse need AP ( as she is using her EAD) or she can still reenter using her H4 (by that time it will not expire)

Appriciate your help.

P.S. I already applied to extend my h1 but not h4.

[santoo]

bump :(

[gilfans]

bump :(

Once you use EAD your H4 satus is gone.So you will need to use AP.

[this is what i think]



thanks
gilfans

[abaner]

Since your wife is using EAD to work and getting paystubs her H4 is not valid (EAD comes only after AOS in GC process) so both of you need AP to renter usa. personally i feel you guys should stay put till ur GC comes thru - until & unless it is for max. 2-3 weeks vacation outside us tlk to ur attorney before any decision

ps: no legal advise

[gilfans]

Since your wife is using EAD to work and getting paystubs her H4 is not valid (EAD comes only after AOS in GC process) so both of you need AP to renter usa. personally i feel you guys should stay put till ur GC comes thru - until & unless it is for max. 2-3 weeks vacation outside us tlk to ur attorney before any decision

ps: no legal advise

why will he need to use AP when his H1 is current????

[santoo]

why will he need to use AP when his H1 is current????


Exactly.. Why I need AP. I have H1 till the date I return (Already applied for extension) and my wife will have valid H4 stamp on her passport.

As far as I know EAD is work authorization document not Visa or status.
My question is simple, when she renenter can she reenter on her h4 visa as it is not expired without need for AP