Can I keep my H-4 if I use EAD?

J

joyo

Registered Users (C)
I got my EDA approved today, which is based on my I-485 with a pending I-140. I have a job offer and my currect visa status is H-4.

Now I have two questions:

1. If I start to work using EDA, is it conflict with H-4? In other word, will I lose H-4 status if I use EAD?

2. If I use my EDA to work and later my I-140 got denial, can I go back to H-4 automatically or I have to apply for H-4 again? Do I have to leave USA and apply H-4 again in my country?

Thanks.
 
joyo said:
I got my EDA approved today, which is based on my I-485 with a pending I-140. I have a job offer and my currect visa status is H-4.

Now I have two questions:

1. If I start to work using EDA, is it conflict with H-4? In other word, will I lose H-4 status if I use EAD?
Click to expand...
Yes, you will loose H4 status when you use EAD.

2. If I use my EDA to work and later my I-140 got denial, can I go back to H-4 automatically or I have to apply for H-4 again? Do I have to leave USA and apply H-4 again in my country?

Thanks.
Click to expand...
You will not automatically go to H4, you will have to apply for it and there are so many other variables attached, in other words not so simple.
 
What do you mean by variables. Please explain. I am in the same situation. Using EAD. H1 expired as 6 years period over on H status. could not get H4 as I started using EAD. If for some reason 140 gets denied how do I get H4 status. Do I have to leave the country or can I apply from here. My wife is the primary applicant and she has her labor still pending and has got her 7th year H1 ext. 140 & 485 applied using subs labor.
 
joyo said:
1. If I start to work using EDA, is it conflict with H-4? In other word, will I lose H-4 status if I use EAD?
Click to expand...

Yes, if you start working on EAD card, you will loose your H4 status.

joyo said:
2. If I use my EDA to work and later my I-140 got denial, can I go back to H-4 automatically or I have to apply for H-4 again? Do I have to leave USA and apply H-4 again in my country?
Click to expand...

If your I-485 is denied, you need to stop working immediately. Then you can go back to H4 by applying I-539 form (provided your spouse has H1 status).
 
Thank you for you guys answers. Actually, the H4 questions have been bothered me for a while. I've consulted three attorneys for the questions, and I got different answers from them.

Last July, I've submitted my I-140 and wanted to file I-485. I asked same questions to an attorney which I posted above. She has very good reputation with many years experience. She told me that I will lose my H4 once I start to use my I-485 EAD card and I have to leave U.S. and reapply H4 in my country.
I thought she was right, because I heard same answers from many others.

In Jan. 2005, I asked same questions to other attorney who is the Chair of Bar. He is working in a big firm. Could it be a trouble if I use I-485 EAD card. He answered that it may not be a trouble, but headache, but he didn't explain these questions in detail.

Recently, I asked same questions to the third attorney, because I have a job offer and I really want to start working now. He is nice guy with 20 years experience. He is working in a famous firm with 100 years history. He has worked in the firm for 17 years. He gave me a totally different answer.
He said it won't hurt my H4 if I use EAD card, but I will lose my H4 if I use AP. My status will be changed to 'Patrol'. My H4 doens't have any relationship with EAD. My H4 always is OK if my spouse has a valid H1.

If I only met one guy, I may trust his/her words without any questions. Now, I've asked three guys and received different answers. I don't know what I suppose to do for next. What did you hear about these questions, guys?

Thanks

joyo
 
joyo said:
He said it won't hurt my H4 if I use EAD card, but I will lose my H4 if I use AP. My status will be changed to 'Patrol'. My H4 doens't have any relationship with EAD. My H4 always is OK if my spouse has a valid H1.



joyo
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One can maintain Dual Status/Dual inent of non-immigrant/parolee till 485 will be approved.

To keep H4 active while working EAD, primary's H1 should be active and working for H1 sponsor.

If 140/485 denied (AP/EAD also be denied), one can automatically falls into H4 and lost EAD/parolee status, NOT non-immigrantStatus.
 
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AP effect on H status

joyo said:
He said it won't hurt my H4 if I use EAD card, but I will lose my H4 if I use AP. My status will be changed to 'Patrol'. My H4 doens't have any relationship with EAD. My H4 always is OK if my spouse has a valid H1.
Click to expand...

AP is a re-enrty permit to US which is not a immigrant visa. At POE, you are claiming your parolee status while keeping H4 status too. Again, one can maintain DUAL INTENT till 485 is adjudicated.

Key/Vital in keeping H/L status is, primary's H1/L1 status is active and working for the H/L employer.
 
We were in this situation

joyo said:
Thank you for you guys answers. Actually, the H4 questions have been bothered me for a while. I've consulted three attorneys for the questions, and I got different answers from them.

Last July, I've submitted my I-140 and wanted to file I-485. I asked same questions to an attorney which I posted above. She has very good reputation with many years experience. She told me that I will lose my H4 once I start to use my I-485 EAD card and I have to leave U.S. and reapply H4 in my country.
I thought she was right, because I heard same answers from many others.

In Jan. 2005, I asked same questions to other attorney who is the Chair of Bar. He is working in a big firm. Could it be a trouble if I use I-485 EAD card. He answered that it may not be a trouble, but headache, but he didn't explain these questions in detail.

Recently, I asked same questions to the third attorney, because I have a job offer and I really want to start working now. He is nice guy with 20 years experience. He is working in a famous firm with 100 years history. He has worked in the firm for 17 years. He gave me a totally different answer.
He said it won't hurt my H4 if I use EAD card, but I will lose my H4 if I use AP. My status will be changed to 'Patrol'. My H4 doens't have any relationship with EAD. My H4 always is OK if my spouse has a valid H1.

If I only met one guy, I may trust his/her words without any questions. Now, I've asked three guys and received different answers. I don't know what I suppose to do for next. What did you hear about these questions, guys?

Thanks

joyo
Click to expand...

We were in a situation where in my spouse was working with EAD and the H4 stamp was still valid per the date of expiry on it (after I40 approvals and more than a year had passed since I140 approval. I 485 pending and primary has H1 status current) but, our attorney strongly advised us not to take chances if my spouse was to go out of US and want to return on the H4 as this matter is not clear and may pose issues with my GC. Also, they advised us to get AP.
 
jghsrapt said:
We were in a situation where in my spouse was working with EAD and the H4 stamp was still valid per the date of expiry on it (after I40 approvals and more than a year had passed since I140 approval. I 485 pending and primary has H1 status current) but, our attorney strongly advised us not to take chances if my spouse was to go out of US and want to return on the H4 as this matter is not clear and may pose issues with my GC. Also, they advised us to get AP.
Click to expand...

Now a days in India, the typical waiting time for non-immigrant(excepting F1/J1), is about 4+ months. some times, Consular officers handing out 221-g to furnish all details about the H1-company which will delay the stamping again for 2-4 months.

So, that may be the reason to use AP if dont have valid H stamp on your PP.

Other than that, one can enter at POE at non-immigrant visa, But should not confuse POE officer showing 485 stuff (EAD/AP) if you wanna use H/L visa.
 
I don't know if the rules have changed but...

My friend applied for I-140 and I-485 concurrently sometime in the middle of 2003. Once he received the EAD approval for his wife, he applied for SSN (for his wife). She started using her EAD before I-140 approval. But 3 months later his I-140 application got denied. His wife had to switch to H-4 status by going to Canada and getting a new H-4 visa. My friend was still on H1-B status and therefore he did not have to leave the country and re-enter.

The rules may have changed or I'm not sure how its going to affect his GC(he applied again using his own labor this time).

HTH
 
snafu said:
The rules may have changed or I'm not sure how its going to affect his GC(he applied again using his own labor this time).

HTH
Click to expand...

Previous denials may have no affect on newer GC filings. One can file multiple 140s based on own/substitute labors. But can have only one 485 (A#) effective.

If you are using same LC to re-file 140, it's better to file with new evidence to overcome previous denial not to get into same trap by USCIS.

And, one has to list all his/her prior 140/485 cases filed with status and brief explanation. (There is a check box Q on 140/485 application)
 
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