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Hey 4ever,

It seems u like to lead the way to doom! I can pretty well understand your frustrations and sympathize! Poor 4ever!!

I dont have the time or the reason to answer your argument. BTW, you do deserve 5 cents of change for the orchestrated abuse of words!

Heres mine.... ting!! He he He!!
 
140_takes_4ever,

It is true that a AOS applicant with valid H1 ( without using EAD) can travel outside US and come back without AP. What will happen to a H4 holder who gets EAD based on the Primary applicants AOS and works using EAD. Does he/she ( H4) will loose his/her h4 status that necessiates AP. The primary applicant in the meantim continues to work with H1 ?
 
gcworthy

Originally posted by gcworthy
It is true that a AOS applicant with valid H1 ( without using EAD) can travel outside US and come back without AP. What will happen to a H4 holder who gets EAD based on the Primary applicants AOS and works using EAD. Does he/she ( H4) will loose his/her h4 status that necessiates AP. The primary applicant in the meantim continues to work with H1 ?
Click to expand...
gcworthy,

Good question! Unfortunately I cannot give you an answer that I am sure off, nor can I quote the relevant point of law to you on this issue. With that strong disclaimer out of the way, my simple logical explanation would be usage of EAD eliminates the visa status and gives an adjustee status to the person using the EAD. Which means that the H4 status is effectively lost and the person has to enter on AP ONLY!

Personally, I would strongly advise the dependent to always use AP and never use H1, simply because AP is the stronger document of the two and the dependent does not have the same constrictions as the primary applicant in terms of maintaining H1 status, or the luxury of choice of working on H1 and not bothering about EAD renewal process! The dependent will always have to work on EAD (unless he/she has a pre-existing H1, in which case this argument would be moot).

Sorry I cannot give you a more satisfactory answer, but most knowledge garnered by me on this issue is personal experience (mine and others) and that learnt from websites, so while the generic framework is crystal clear, the finer points, like those raised by you are not. I would definitely advise you to talk to your lawyer on this issue.
 
140_takes_forever,

I want to share my exprience on this. I and my wife got our EAD in May 2002. My wife worked using EAD for a couple of months ( Nov 2002 & dec 2002).

In February ( 15th) 2003 I applied for my H1 extension. I also applied for H4 extension for my wife. In her application I clearly declared she worked for sometime using EAD and her H4 extension is based on my H1 extension. In July 2003 both my H1 and her H4 was approved. Nonetheless I have applied AP recently just to be on the safer side. This looks strange yet true.
 
gcworthy,

Interesting situation, but I wouldn't read too much into the granting of H4 extention by INS. They adjudicators are not the finest examples of people knowing the points of law.

But I agree with your prognosis, apply for AP and travelling on it is the best way to go. Have you spoken to your lawyer about it? And if so, could you please update us on this thread? This will clarify a few points of law for us.

Thanks!
 
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