Spouse planning travelling to India, re-enter USA in AP

USA H4EAD
1

Hello Experts,

My spouse is planning to travel to India.
She has a valid H4 visa(and H4 EAD) till Dec 2023 from my previous employer and an EAD-AP card from EB3 i-485.
She is planning to use AP to enter the USA as a visa appointment date is not available(waiting period of more than 1 year).

If she re-enters the USA with AP. My query is :
Does it impact her non-immigrant status?
Can she use H4 EAD?

Thanks,
Vicky

2

She will lose her H4 status if she uses AP to enter the US.

I am afraid she may not be able to use the H4 EAD.
Talk to your attorney before taking this step.

3

Thank you Anil. I am checking with my Attorney as well.

Is it advisable if she can go to Canada for h4 visa stamping?

Thanks,
Deepak