Can H1B spouse use EAD/AP while Primary applicant still on H1B


I’m currently on H1B and my 485 is in pending state, myself and my spouse we both have EAD with AP active.

My spouse who was having her own H1B status, got her EAD/AP as derivative applicant on my primary 485 petition, recently my spouse used EAD to convert her employment and we are planning to go to India next month.

Since I’m on H1B, I will get my H1B stamped and come back to USA.

Can my spouse use EAD/AP to reenter into USA …?

Appreciate your response !!

Thank you,

As far as the person is in pending AOS status and have a valid AP, he/she can enter on AP irrespective of what status the primary enters on.

Just wondering why you are going for H1B stamping instead of simply using AP to enter and then use AVR by crossing the Canada or Mexico border with valid H1B I-797 & I-94 to switch back to H1B.

1 Like