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Do I need AP even if my H1BVisa is valid ?

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  • Do I need AP even if my H1BVisa is valid ?

    Guys I got a quick question. My wife who is on H4 (dependent) visa, which expires on Dec 2006, is visiting India.
    My friend told me that as her I485 is pending for approval she has to travel on Advance Parole and she should not travel using the dependent visa.
    Is that true?
    I don’t want to spend money since my H1B visa on which she is dependent is still valid and I still work for the same employer who issued me the visa.

    Thanks in advance for your response.

  • #2
    Maybe this reply is too late, but here it is.

    If your wife has a valid H4 *stamp* on her passport, she doesn't need the AP. She can use her H4 to re-enter the US.

    If she has a current I-797 but an expired visa stamp (e.g., if her H4 expired while she was in the US and your employer renewed it), she has two options:

    a) Use her AP to re-enter the country. In this case she doesn't need a valid visa on her passport.

    b) Apply for a new H4 at a US consulate abroad. Until she gets the visa, she son't be able to re-enter the US.

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