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Unique Situation with AP and Admin Processing!!

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  • Unique Situation with AP and Admin Processing!!

    Hello,

    I recently got my H1 visa stamped at Delhi but my wife's case was put under Administrative Processing so she is still in India awaiting the clearance. However, when I got back to US I received the AP for both of us.

    Does anyone know if she can travel on the AP and abandon her H4 visa application at the Consulate. To keep my H1 status intact I am also applying for my 9th year H1 extension for both of us.

    Can I do this ? Would there be any legal implications? Any guidance you can provide would be much appreciated.

    Regards.

  • #2
    She can not travel on AP, because she left the USA before the AP was approved.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Thanks very much. Any idea what my options are . My H1 is also expiring in May 2008 and I am filing for an extension.

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