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#1
10th October 2008, 05:03 PM
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EAD and H4
My wife got EAD. She is currently on H4 visa. We have applied for I-140 and 485 concurrently under EB1 in July 2008 and waiting for the approval. I think processing time is 1 year. my question is: If my wife uses her EAD and if I-140 gets denied, will she loose her status and will have to return to India or can stay here as long as her H4 visa is valid?
Another question is: If she apply for social security number using her EAD, will it be considered as used EAD even if she will not do any job? Sunil 
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#2
10th October 2008, 06:43 PM
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1. If she uses her EAD she will lose her H4 status. If her I-485 is then denied because your I-140 is denied, then yes she will start accruing unlawful presence. But if the H4 visa in her passport is still valid, the simplest thing to do is to go to Canada and cross back as H-4, and she'll be back in H4 status again.
2. No, if she applies for a SS# that is not considered having used her EAD for status purposes. If she applies for a SS# but doesn't work with her EAD, she will remain in H-4 status.
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Adjustment of Status: EB-2 (NIW) at NSC Package RD:2/26/07 | FP1: 3/31/07 | FP2: 7/24/08 I-140 AD 6/24/08 no RFE I-485 AD 9/25/08 no RFE If you use the word "issue" instead of the word "problem", I am much less likely to respond to you. I am also somewhat less likely to respond if you use the word "back" instead of "ago", or if you use the word "back" immediately after the word "return".
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