Travelled to India on expired AP - H4B an option?

[snm09]

I was mistakenly under the impression that I can travel and reenter USA any time before the date stamped on parole on AP. So, I travelled to India on Oct 16 using a AP that expired on Oct 4. Now that I know that I cannot return back to the country with my current AP or my newly applied AP(this should be due in another 3 weeks), I wanted to check if I should apply for H-4B visa to ensure I can reenter the country and also maintain my AOS status? My spouse is working on H-1B and also travelled with me to India, and is planning to use her valid AP to return back to the states.

Can I apply for H-4B when my spouse does not have a H-1B visa stamped on the passport?

please help.

thanks.

[kabkaba]

You can certainly apply for, obtain and enter using an H4 Visa if your spouse is maintaining H1 status.

[txh1b]

Both of you should enter on H status to maintain AOS from being considered abandoned.

H1 can enter on visa and H4 on AP. The opposite of this will not work if H1 enters on AP, H4 cannot enter on H status and must enter on AP.

[snm09]

Travelled to India on expired AP - H4B an option

Thanks. Does this mean I can continue to work on my EAD after entering USA on H-4B (and my spouse on H-1B)? I was working on EAD prior to my travel to India?
Are there any problems in requesting for a h-4B visa stamp on my passport or entering USA on H-4B? Can the immigration officer at the port of entry object to entering the states on H-4B and intending to work on EAD thereafter?

thanks.

[txh1b]

There is no H4b. It is just H4. You can get a H4 vosa stamp and enter US on H4. After entering, you can work on EAD. That is still possible as you can become a parolee once you enter US on H4. But you need to make sure that you enter on H status along with your spouse to ensure your 485 is not abandoned.