EAD usuage and AC21

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mvnm00

Registered Users (C)
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Currently iam in 8th year on H1 and 140 approved and pending 485. I have couple of questions regarding use of EAD and status:

1. My wife has recently used the AP by entering into USA with the AP. Does this mean, she lost her H4 status and she is on EAD?

2. She also found a new job and now planning to use the EAD, does it effect my H1 status or only she will be on EAD status?

I appreciate for your experienced and valid opinions.

Thanks,
 
mvnm00 said:
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Currently iam in 8th year on H1 and 140 approved and pending 485. I have couple of questions regarding use of EAD and status:

1. My wife has recently used the AP by entering into USA with the AP. Does this mean,
she lost her H4 status and she is on EAD?
---------------- YES, she is paroled in US
2. She also found a new job and now planning to use the EAD,
does it effect my H1 status or only she will be on EAD status?
--------- EAD used by dependent does not effect your H1 status . if YOU use EAD you will not be on H1 status

I appreciate for your experienced and valid opinions.

Thanks,
Click to expand...
 
oen more q

Ginnu --
Thanks for your reply. One more q...

In a later period of time, can she again come back on H4 status (assuming now she is using the EAD on the new job) ?

Thanks again,
 
mvnm00 said:
Ginnu --
Thanks for your reply. One more q...

In a later period of time, can she again come back on H4 status (assuming now she is using the EAD on the new job) ?
------------ Yes, if YOU are on H1 and she has valid H4 visa stamp or gets H4 visa stamp then she can enter on H4 and will get I-94 with H4 status
Thanks again,
Click to expand...
 
Ginnu,

Regarding your answer to the first question. Does it mean spouse will lose the H4 Status and if the primary candidate's I-485 is denied then spouse will lose the legal status in US ?? Is that corrent ?

And if the primary candidate uses the AP and if he is on H1 then he won't lose the H1 status right ?? (this one you have already clarified in this forum)

Isn't it contradictory ??

Also once we have used the AP, can we go to Canada and get the H1 and H4 stamping and use that visa for future travelling with out using the AP ??

Thanks in advance.
 
Last edited by a moderator:
pacha_card said:
Ginnu,

Regarding your answer to the first question. Does it mean spouse will lose the H4 Status and if the primary candidate's I-485 is denied then spouse will lose the legal status in US ?? Is that corrent ?
----------- if Primary applicant I-485 gets denied then I-485 for spouse also gets denied, EAD AP for primary and dependent are invalid as EAD AP depend on pending I-485
And if the primary candidate uses the AP and if he is on H1 then he won't lose the H1 status right ?? (this one you have already clarified in this forum)
------ that is correct.that is why H1 status is good as back up
Isn't it contradictory ??
----No, H1 status and AOS(I-485) pending depend on diffrent petitions
Also once we have used the AP, can we go to Canada and get the H1 and H4 stamping and use that visa for future travelling with out using the AP ??
--------- one can try but if visa stamp gets rejected one cant enter US from Canada you need to go to home country get Visa then enter but if you keep valid AP then can enter from Canada
Thanks in advance.
Click to expand...
 
Thanks Ginnu. I think most of my questions are answered but the following,

Let me rephrase my first question.

When H1 holder retains his H1 status when he uses AP then why can't the spouse retains the H4 status if spouse uses the AP.

Thanks,
Pradeep
 
pacha_card said:
When H1 holder retains his H1 status when he uses AP then why can't the spouse retains the H4 status if spouse uses the AP.
Click to expand...

There is no memorandum on the subject, so such a scenario may be possible.
 
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