Clarification needed - Does H4 non-immigrant status remain valid if EAD is never used

[etrader83]

Hello and thanks for reviewing this query:

My spouse has a valid H4 status (and a valid H4 stamp on her passport that expires in 2nd Half of 2007). Based on her pending application for AOS (1485), she applied for and currently has an EAD card but has never used it to work anywhere.

My questions are
1. Because she has never used her EAD card, is her H4 status considered valid?
2. If yes to 1 above, can she travel to India and re-enter US on her valid H4 stamp OR does she need to apply for Advance Parole because she has a valid (however unused) EAD card?

Thanks again!

 

[dms]

Yes - her H4 will be valid until she uses the EAD. Therefore she will not need a separate AP.