Can Spouse Use EAD without losing H4

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Feb2002Case

Registered Users (C)
1. Can my wife work on EAD without us losing H1 and H4 respectively?

2. If no what will our status's?

3. Now if for some reasons our 485's are denied, what are the options?

4. She has SSN, should she use it also?

Any suggestions are appreciated in advance as she is getting a job but not sure whether to join or not because of lack of knowledge on this issue?
 
After we received EAD,
went to social security office, showed them EAD and applied for SSN. They took our application and told us it will take 8 weeks as they have to perform some status check at INS. We received her SSN in around 6 weeks. I hope it helps.
 
Answers to orig Qs

1. yes. Once she uses EAD (i.e. file I9 with employer quoting EAD), she can always get back to H4 if 485 is rejected. She need not revert back to H4 if she is fired from her job. Her adjustee status covers her. She should continue to use AP for travel. Of course she can enter US back in H4, if she is not using EAD .

2. You can still be on H1. Both of you are adjustees.

3. Go home:) You can do a H1 transfer or a new H1. You will get ample notice time to do that since INS will either send a RFE and/or a notice of intent to denial of I485.

4. Yes she can use it. Even if she does not use EAD or quits the job later, that SSN belongs to her for her life.
 
Dear Jaxen,
1. My wife and I have EAD, AP, I am Still maintaining H1B and my H1B is valid till 2003 December I changed the employer so got new H1B and new I-94 but my H1B visa Sticker on my Passport is Valid till January last week 2003 that is from my past employers name on that.
When I transferred my H1B with my new employer the Lawyer did not file for my wife H4 extension so that it can match with my new H1B approval notice, they told me it could be done later

2. My wife got EAD, AP, SSN but she does not work, it means she is still on H4 and her H4 Visa Sticker stamped on her passport is valid till January last week 2003.

My question is that:
1.I will have to get my Passport Visa Revalidate in US, I can send my Passport for revalidation to Department 60 days before expiry of the H1B sticker in my passport, I may be sending my Passport in December 2002 for revalidation of H1B so that I can get H1B visa sticker valid till approval notice that is December 2003.
2.My wife H4 Sticker on her passport will also expire in Jan 2003, do I need or can extend her H4 visa by filing I-539? Is it still possible to file for extension on H4 visa even if she has EAD, AP and she has not used AP or EAD?

3. How many days before of expiry of her H4 I can send I-539 to INS? Should I mail it now 4 months before expiry to extend her H4?
Thanks in Advance
 
Answers

1.Yes you can..
2. I539 is the best way to extend H4 without going out of US. She can send it even a day before expiry, but since you have changed employer, it is better to send it now alongwith H1 . You can keep extending H visas even if EAD and AP are available.
 
JAXEN Thanks for the info
"She can send it even a day before expiry, but since you have changed employer, it is better to send it now alongwith H1 . You can keep extending H visas even if EAD and AP"

my wife H4 is valid till last week of Jan 2003, I got my H1B Transfer approval with I-94 attched 4-5 months back.

I have got the I-539, She will fill up, will atach copy of my H1B, copy of my I-94, her I-94 copy both sides, and pay theINS fees and letter from my employer that I am working with them and my Spouse H4 should be extended, any more document to be attached?



some one told me that I can not send her H4 Visa extension to INS by I-539 MANY days before the expitry date as she has still H4 Visa valid and INS may return it and say that file before 45 days expiry of H4 or before expiry of her H4 visa, i do not agree with him, becase I changed the employer and I want to match the date of expiry of her H4 with mine so that we both can send Passports for Revalidation at the same time in US.

Is there any time limit that She should not send her extension of H4 to INS?
Or
she can send any time now.

Thanks
 
Document list Seems right . Dont forget your recent paystubs.
That somebody was making up stuff.
 
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