H4 to EAD

F

FRS

Registered Users (C)
Gurus,
I need your advice as well, I asked my lawyer the question below, let me know if she is accurate.

Question:
My wife is about to start working with her EAD after she had been on H4, please correct me if I am wrong but I think that she looses her H status and in order to travel she has to have AP.

Answer:
No, your wife does not lose her H-4 status until she gets her green card. She can travel with her VALID H-4 visa and I-94 card. No need for an A/P unless she does NOT have a valid H-4 visa and/or she does not go to the embassy or consulate to get a new H-4 and return to the US.

Thanks in advance.
 
FRS said:
My wife is about to start working with her EAD after she had been on H4, please correct me if I am wrong but I think that she looses her H status and in order to travel she has to have AP.
Click to expand...

That's correct.

No, your wife does not lose her H-4 status until she gets her green card.
Click to expand...

Working, even if authorized by an EAD, is a violation of H-4 status and therefore she needs AP.
 
Thanks

Thanks Real Canadian for your prompt response, Is there a memo that says she needs AP?

Thanks again.
 
One more thing, I guess I was not clear but of course she never worked on H4
 
Having an EAD doesnt invalidate your current Visa status (H1/H4 whatever) until you use your EAD to start working. You can use your Adavance parole or visa if they are valid. Hope this helps
 
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