Can spouse re-enter the U.S. on H4 status though she obtained EAD recently?

J

jb219

New Member
A couple of weeks ago, my spouse obtained the EAD from the local INS office in Boston. But now according to my lawyer, it seems like she cannot obtain the AP anymore because of the rule INS just changed recently (concurrent 140/485 applicants cannot obtain EAD/AP).

My spouse and I have a trip out of the States next week. Can she still re-enter the U.S. under H4 since she hasn't used her EAD? I hope so... :confused:

Thanks for your help,
Jb
 
DO you have any authentication for that news? that concurrent filers are not eligible for AP?

However your spouse is ok to use H4. EAD is effective only when a I-9 is filed with the employer.
 
Got AP despite this news

I couldn't find any authentication for this news, but my lawyer told me it's valid.

Although this news is official, according to my lawyer, my wife was able to get her AP in the local INS office a week ago.
 
jb129 and others,
I do not think it is true that one will not get EAD/AP if filed concurrently. I got EAD although filed I-140 and 485 together.My 140 also got approved at the same time ( a day before EAD). I never filed AP so do not know about that.
ssmk
 
AP/EAD from local INS

This is not true that local INS wont approve AP/EAD. You are missing a point here. Local INS will offcourse approve EAD/AP who has I-140 is approved. So you have to have I-140 approval to get EAD/AP from local INS. There is a logic for that.

INS has announced that no AP/EAD will be approved until INS does a preliminary review of I-140 application for concurrent applicant. Thats why local INS can not proceed EAD/AP before I-140 get approved.
 
AP/EAD from local INS w/o I-140 approved

I'm a concurrent applicant and my point all along was that my spouse wasn't going to receive her AP since our I-140 hadn't been approved yet. However, my spouse did get her AP from the local office even without the 140 approval.

It seems like the news hasn't been passed on to the peolpe who directly provide these documents in the local office in Boston.
 
jb219

Congrat!!
Practice in diffrent local INS is diffrent. My local INS is not giving without I140 approval. Looks oike Boston one is more cooperative.
 
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