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zoooom
10-25-2007, 11:04 PM
Hi There,
My wife got her H1b approved earlier this year (she was on H4 before) but we also received our EAD's and AP a few months back. She is now planning to go to India. Since we received our EAD and AP she did not start working from Oct. 1(as per h1b)....now that she is going to India the lwayer is asking we withdraW her H1b petition since she is not going to use her H1b anyways. The lwayer is also suggesting she gets her H4 stamped and then come back and use EAD and start working. My question is since the lawyer is going to send an application to withdraw her H1b while she is in India, will she have any problems while coming back. She will use AP on port of entry.

zoooom
10-25-2007, 11:56 PM
Come on guys...some one..

roseball
10-26-2007, 05:42 AM
Shouldnt be any problem..But I suggest to file for withdrawal asap if your wife is not planning to leave the country immediately...Because, she is legally out of status if she has not started working since Oct 1st (Though one can argue on this as she has a AOS pending too)...If she leaves the country immediately, she doesnt even have to file a withdrawal...She can leave the country and either enter on AP and use EAD to work or get a H4 Visa stamped, enter on H4 and use EAD to work....Either way, I dont see any issues here....

zoooom
10-26-2007, 11:27 AM
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?

wandmaker
10-26-2007, 12:00 PM
Withdrawal of H1 does not create any issues. Since she is on H1 Since Oct 1, 2007 - make sure you have a pay stub for her for this period.

Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?

waitin_toolong
10-26-2007, 01:49 PM
her I-485 was filed befoer Oct 1st and she plans to use EAD. She need not have worked a single day or earned a single paycheck. She can enter using AP or H4.
Withdrawing H1 is a good gesture thats all.

Aah_GC
10-26-2007, 04:15 PM
I wonder why she would have to get her H4 stamped? If she has an EAD and the AP - she should just use that. Isn't AP meant just for that? - To ignore the stamping hassle and just return safe.

vnsriv
10-26-2007, 04:33 PM
Come on guys...some one..

File withdrawal of H1, come on AP and work on EAD. No Issues at all.

zoooom
10-26-2007, 05:51 PM
Thank you guys...Its just the lawyer that keep insisting on getting her H4 stamped...I want her to use her AP (and thats what we will do)...I am going to maintain my H1 status BTW.

yabadaba
10-26-2007, 07:19 PM
http://immigrationvoice.org/forum/showthread.php?t=14870&page=3

Narend
10-27-2007, 10:17 AM
Hello,
Couple of things here.
You did not tell that even when she got her H1, does she still have valid H4?
I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.

She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.

Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?

Cheers,

zoooom
10-27-2007, 12:33 PM
So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.

immitul
10-27-2007, 05:54 PM
So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.

Spouse using EAD, has no affect on your H1.

My wife has H1B and she got EAD now. She plans to use her EAD soon, so H1 status gets automatically canned.

alterego
10-27-2007, 08:58 PM
I think the lawyer wants her to get the h4 stamped so she can stay in status in case of any problems with the 485, especially since you are maintaining your H1b/AOS pending on which she is a dependent.
Since she has not used the H1b or got it stamped and since you have applied for 485 before it was to take effect, she is safe with your dependent 485 AOS and H4 status. Cancelling her H1b will benefit you guys from any confusion at the consulate. Either way the AP will allow her to return in AOS without problems.

subhasree
11-14-2007, 12:29 PM
Hi all,

This forum really helped me to think in right direction. I have same situation now. I have valid H1b ( starting Oct 1st 2007) and got EAD and AP. I did not start working yet. If I withdraw my H1b will it effect my AOS? I am a secondary applicant. My husband is still maintaining H1 status. Please advice.
Your reply will surely bring peace of mind to me.

Thanks

ttdam
12-03-2007, 02:56 PM
So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.


Hi zoooom

Did your wife been to India and Came back using H4 or AP ? If she returned did she had any problem @ POE ?

Please advise, I m in similar situation

Thanks in advance