Work on EAD and travel on H4 ?

S

sriram2004

Registered Users (C)
Guys,

Here is Mixed masala question :D on H4/EAD/AP -

I am on H1(valid for another 2 years) and applied for 485.
I have not applied for EAD&AP. Don't ask why:rolleyes:

My wife is on H4(visa valid for another 2 years) and just
received EAD. She didn't apply for AP.

What happens if she starts working on EAD and wants to travel
to India on H4. Can she come back on H4 visa on passport?:confused:
 
If she uses EAD to work her H4 is toast. She'll need AP to return US.

sriram2004 said:
Guys,

Here is Mixed masala question :D on H4/EAD/AP -

I am on H1(valid for another 2 years) and applied for 485.
I have not applied for EAD&AP. Don't ask why:rolleyes:

My wife is on H4(visa valid for another 2 years) and just
received EAD. She didn't apply for AP.

What happens if she starts working on EAD and wants to travel
to India on H4. Can she come back on H4 visa on passport?:confused:
Click to expand...
 
sriram2004 said:
Guys,

Here is Mixed masala question :D on H4/EAD/AP -

I am on H1(valid for another 2 years) and applied for 485.
I have not applied for EAD&AP. Don't ask why:rolleyes:

My wife is on H4(visa valid for another 2 years) and just
received EAD. She didn't apply for AP.

What happens if she starts working on EAD and wants to travel
to India on H4. Can she come back on H4 visa on passport?:confused:
Click to expand...
Nope.. Once she uses EAD, her H4 status will be invalid. Two options:

1)Re-enter by using AP
2)Get H4 again and re-stamp.

My suggestion is option 1 will be better/easy for your wife if she uses EAD.
 
LaborBadhi said:
Nope.. Once she uses EAD, her H4 status will be invalid. Two options:

1)Re-enter by using AP
2)Get H4 again and re-stamp.

My suggestion is option 1 will be better/easy for your wife if she uses EAD.
Click to expand...

LaborBadhi: What do you mean by "Get H4 again and re-stamp" when she already has valid H4 for another 2 years?
Do you mean "Get H4 again re-stamp"? If so, how?
 
jify30 said:
LaborBadhi: What do you mean by "Get H4 again and re-stamp" when she already has valid H4 for another 2 years?
Do you mean "Get H4 again re-stamp"? If so, how?
Click to expand...

If she use EAD, she will loose her H4 status. That means she has to get H4 again(if she want come back on to H4).
 
My lawyer told me: the I-765 is dependent on the I-485. in the event the I-485 is denied, the I-765 is terminated by operation of law. the I-765 is not a status, so long as Mihai is still H-1B, you are still H-4, whether or not you have I-765 or if the I-765 is terminated.

USCIS would not send you any "note" telling you to leave the country in 30 days. Unlike other people, you are in H-4 status. Terminating of I-765 does not mean you have to leave the country.

Not only you do not need advance parole, I do not want you to travel on advance parole. Being in H-4 status is far superior to being in the US as a parolee (if you were to enter US under advance parole, that's the status you will be in). Years ago we would get advance parole for I-485 applicants who needed to travel on emergent circumstances or on business (people who were no longer in legal status). And Advance Parole was difficult to get. After the 3year and 10 year bar regulations become effective, we would not recommend clients to travel, because even advance parole would not guarantee their return to the US. In short, people who are on H visas would still travel on H visas, those who are out of status, even if advance parole would allow their return to the US, we would counsel against their travel on advance parole because they are still subject to the 3 year/10 year bar.

I do not have any experience with how USCIS would adjudicate I-131 since 07/30/07. But if you read the instructions, you would see that H visa holders do not need it.
 
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my 2 cents..

if you use EAD to work the your H status is invalid automatically. You can't go back to H any more. you have to use only AP to travel.
 
Guys......Thanks for your replies.

I am still confused :eek: with different opinions and point of views . I still feel she can work on EAD and can travel using "valid H4 visa stamp" on her passport. Valid in the sense that "time period". As I am still on H1, H4 visa for her should be valid ( just my guess... i might be totally wrong :rolleyes: )

I hope, it should b just like "H1 guy who changed job traveling with old employer's H1 visa stamp which has valid time frame" and with new employer's H1b papers.

I think, "house wife" or "home maker" or "home engineer" :D - r only positions my wife can work to avoid this mess ;)

or I might apply for AP to make her hAPp to travel to AP ( our state in Ind :D )
 
sriram2004 said:
Guys......Thanks for your replies.

I am still confused :eek: with different opinions and point of views . I still feel she can work on EAD and can travel using "valid H4 visa stamp" on her passport. Valid in the sense that "time period". As I am still on H1, H4 visa for her should be valid ( just my guess... i might be totally wrong :rolleyes: )

I hope, it should b just like "H1 guy who changed job traveling with old employer's H1 visa stamp which has valid time frame" and with new employer's H1b papers.

I think, "house wife" or "home maker" or "home engineer" :D - r only positions my wife can work to avoid this mess ;)

or I might apply for AP to make her hAPp to travel to AP ( our state in Ind :D )
Click to expand...

As long as you are on H1b your wife has H4 status. Doesn't matter if she is using EAD or not. IF you with H1b visa you'll use EAD you'll lose H1B status, also your wife. I am in the same both. I will apply for I 140 and I 485 in October and after I will get EAD I will start to work. I like very much to travel and I asked my lawyer about my status. Also I wanted to apply for I 131 but she told that I don't need it.
 
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Johnny,
If someone has posted something wrong, correct it
Instead of using harsh words

its not like, whatever you said is 100% correct
 
Once the dependent use the ead (which applied under I-485), he/she is at the I-485 adjustment status and no longer H4 status. Unders H4 status, he/she is not allowed to work.

The primary can be at H1B status while applying I-485, while not using EAD. It is safer if I-485 is rejected, the dependent can still go back to H4 status.

I will suggest she leave the country before a AP is in hand, it is a safe route. I think you can check Murthy.com chat transcript history to find your answer. Also it is always a good idea to consult an experience lawyer.

thanks!
 
Please contact proper attorney.

As per my knowledge last 8 years (on H1) and spouse on EAD last 3 years, others seems to be right except johnny.

We may be wrong as some our cases crossed beyond 6 years H1 limit. So good advice is contact an attorney and look for some supportive documentation.


SaiGRace said:
That's Right..
Click to expand...
 
Thanks Johhny and others for sharing your views. After bit research, I think that Johhny has a point. Still, it is a difficult issue. Officer at POE can interpret law at his own knowledge level.

Link by "vvv..Lucky" is good but it is not correct exactly. Guy who comes back on AP can still work on his H1. See the following link from murthy.com.
But this link did'nt give idea for H4. It talks about H1 only.

http://www.murthy.com/news/UDnewins.html
 
sriram2004 said:
Thanks Johhny and others for sharing your views. After bit research, I think that Johhny has a point. Still, it is a difficult issue. Officer at POE can interpret law at his own knowledge level.

Link by "vvv..Lucky" is good but it is not correct exactly. Guy who comes back on AP can still work on his H1. See the following link from murthy.com.
But this link did'nt give idea for H4. It talks about H1 only.

http://www.murthy.com/news/UDnewins.html
Click to expand...

Murthy said it is a grey area. usually if you come back with AP, you are eligible to extend H1B when it is expired. Once you entered with AP back to USA, you are the parolee status. Murthy suggest always use EAD with AP to avoid confusion. Once your H1B expires, you can extend H1B without any issue.
 
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