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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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Old 10-22-2007, 05:41 PM
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Apr-06
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India
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gps001 can only hope to improve
Default Implications of using AP by spouse (derivative)

Hi,
-I am on H1-B until 2009, without a visa stamp.
-If I use AP for travel back into the country, I will basically get locked onto the H1-employer.
-My spouse also has H1 and got EAD/AP as a derivative. She doesn't want to use her EAD in any case.

If the spouse uses AP during her travel back into the country, does it affect her H1-B. ie, can she be on H1-B and renew it as usual?

-If she uses AP to come back, her I-94 will be stamped as "Parollee". So, when she gets her H1 transferred to a different company will she have a problem?.

-I understand that the primary applicant has the obligation to be with the same H1-B employer, if he uses his AP. But what about the spouse?

Thanks.
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Old 10-26-2007, 03:41 PM
alg alg is offline
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alg is infamous around these parts alg is infamous around these parts
Default Almost same issue

I have the same question, but the wife has a TN-2 and the husband who is the I485 petitioner is on H-1... would be good to know...
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