H1B Stamping with Valid EAD/AP

[financex168]

Hello -

I plan on going to Canada for my H1B stamping. If my Visa is put under adming processing/221g after the interview, can I come back to US with my AP/EAD and continue working on my H1B?

After coming back on EAD and working on H1B, can I get my H1B status back as soon as my Visa is approved in Canada and stamped? Will this impact me getting my wife from India on H4?


Say I am in India, during the time the US Consulate in Canada approved, my H1b, Can I go and get my passport stamped in the US Consulate in India?


Your help is greatly appreciated!

[txh1b]

It has been already communicated that for your wife to get a H4 visa, you need to be in H status.

Read https://www.immihelp.com/maintaining...ent-of-status/

If you return on AP, you must use EAD and your wife cannot get H4 or come to US on H4 and if already in US, will become illegal.

If you get back on H1 again, then your wife can enter on H4 and it is possible. You need to talk to an attorney if you wish to do that as the timing will matter on how to best get it done.

[financex168]

Thank You!

Thanks txH1!

Just wanted to be sure, that I am still eligible to get my H1B status back as soon as the consulate makes a decission on my pending case, even though I have used my AP to enter the US.