A question after I-140 denied

J

jli1225

New Member
My I-140 is denied, I still have 2-year H1B left. However, my son had used his EAD for two months. My question is: does he still have H-4 ? or I have to re-apply his H-4? Thanks.
JLI
 
Yes -- his H4 still holds true -- if 1-94 is valid.

EAD is just an instrument to seek legal employment... He may not be able to work ... unless he gets F1 or something.


Sorry to hear about the denial ... what was the reason.
 
technically speaking once you have used EAD you are now under AOS pending status and if I485 is denied and if u have used EAD then you dont have any status and u have to leave the country but what ebhola mentioned can be taken true. It is always safer to do a change of status for your son from AOS pending to H4 since you have a valid H1B.
 
Thanks!

eBhola said:
Yes -- his H4 still holds true -- if 1-94 is valid.

EAD is just an instrument to seek legal employment... He may not be able to work ... unless he gets F1 or something.


Sorry to hear about the denial ... what was the reason.
Click to expand...

Thanks, eBhola. I have heard different opinions. Someone said my son's H4 is still valid, but someone said he needs to reapply H4. I hope your opinion is true, then I don't need worry about my son's status. I have been so frustrated for how to make the action on the denial (the denied reason is that scientist position is not permanent since my appication is EB1b, supported by university). Thanks again!
 
Sorry to hear about your denial. Jaggy is right when he says you have to apply to convert him from the status. I have read some directions om Murthy.com where people have changed from h4 to h1 and then lost their h1 status. They do not automatically go back to H4.

So consult an attorney before you take any steps.
 
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