Check this out...H4 to EAD

[RajaYogi]

A spouse on H-4 wants to use his / her EAD while
I-140 is pending. Will s/he be out of status if the
I-140 gets denied and can s/he come back to H-4 again?

Attorney Murthy : As long as the H-4 status is valid,
a person may maintain both the H-4 and the I-485
pending status. If the I-140 gets denied, the person
will be eligible to revert to the H-4 status as long
as the I-94 card has not yet expired. If the H-4
status is about to expire, the person should either
file an extension or, upon the I-140 denial, should
plan on traveling abroad and applying for the H-4 visa
stamp at the consulate and reentering on H-4 status in
order to live legally in the U.S. In such cases, it
may require the person who was not on any status even
for a single day to mention that s/he was "unlawfully
present" in the U.S. on the visa application form at
the consulate. The dual intent doctrine under law
allows one to change between the H status and the
I-485 pending status, and both may be valid
simultaneously, so it is safest to maintain both
whenever possible. These issues have been crystallized
in the March 2000 and May

from sheila murthy

 

[talkative]

Not so simple. See thead http://immigrationportal.com/showthread.php?t=127894 as well..


Chat User : Does getting an SSN on receipt of EAD invalidate the H-4 status?

Attorney Murthy : The H-4 status is invalidated when one works on the EAD for an employer since the H-4 is a non-working status. Merely obtaining an SSN does not generally invalidate the H-4 status, since a person may choose to travel abroad and reenter the U.S. on H-4 status even after obtaining the SSN as long as one does not work on the EAD.