Is it safe for me to use my Employment authorization card?

S

sandyfile

New Member
I am here in America under H4 dependent visa. My husband is working here, he has H1 visa. Our green card is under processing. I have just received Employment authorization card. I would like to use the card and start working here but my friends are warning me that if I start working then my H4 status would no longer be valid and that when I visit India I wont be able to return to America with just the Employment authorization card. Are they right? I am planning to visit India in the near future. Will I have any problems then if I use my Employment authorization card now? I am really in need of some professional advice over here.
 
Once you use EAD then your H4 is invalid. Have you applied for AP? If not then apply for AP go to India and use the AP to enter US. You have to wait to get your AP approved before you leave the country as the AP cannot be mailed to you in India for you to use it.

HTH
 
sandyfile said:
I am here in America under H4 dependent visa. My husband is working here, he has H1 visa. Our green card is under processing. I have just received Employment authorization card. I would like to use the card and start working here but my friends are warning me that if I start working then my H4 status would no longer be valid and that when I visit India I wont be able to return to America with just the Employment authorization card. Are they right? I am planning to visit India in the near future. Will I have any problems then if I use my Employment authorization card now? I am really in need of some professional advice over here.
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You can start working on your EAD as soon as possible. The moment you use your EAD, your H4 status will be nulled. You need to apply for Advance Parole which is nothing but a travel permit and with that you will be allowed to reenter USA upon your return from India. If you have any dependent, you will have to get a AP for each of them too.
 
Thanks for your reply. Right now we both have AP. My husband tells me that when I am in India if my green card gets rejected then I might not be able to enter US with the EAD but if I am still in H4 then I might be able to enter with him as he is still under H1 visa. Is he right? Also you should know that if our Green card gets rejected then both of us would have to leave America coz this is the sixth year of stay in US for my husband.
 
Your husband can apply for 7th year extension on his H1 and his dependents can also apply for the H4 extensions along with his H1 extension since your I-140 or I-485 are pending. Please remeber that you have to be in the US to get the AP's approved or extended. If you are in India and your AP expires then you cannot reenter USA if you have used EAD or your H4 visa has expired.

HTH
 
well in case of rejection, if ur H4 stamp is still valid u can come on H4 but cannot work.

or u can use ur husband's H1 papers to get a new stamp.
 
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