Dependent using EAD

M

masti25

Registered Users (C)
Hello all,

My wife and I have got the EAD's recently. I have a question:

If the dependent uses the EAD and the primary still remains on H-1, will it effect the primary applicant? Wll the primary applicant's status change to AOS from H-1 or will it be H-1 till the primary applicant uses the EAD?

I am hoping the answer is "NO". If that is the case, for whatever reason if the GC process gets cancelled, I am assuming that the dependent can go back to the native country and return using H-4 visa. Are my assumptions correct?

Please help me. Thanks in advance for your time.

Thanks,
masti
 
I have the same question.
If the dependant uses EAD, will the primary applicant be still on H1 if the primary applicant has not used his/her EAD?

Please respond.
 
It does not affect the primary

Dependent using EAD will not affect the primary applicant status. H1 is a stand-alone visa. This is very clear and if you want to confirm search Sheela Murthy's chat. She has confirmed this.
 
My wife and I have got the EAD's recently. I have a question:

If the dependent uses the EAD and the primary still remains on H-1, will it effect the primary applicant?
---NO, use of EAD by dependent has no effect on H1
Wll the primary applicant's status change to AOS from H-1
--- If spouse uses EAD and primary does not use EAD then you are on H1 status and can also extend h1 status
or will it be H-1 till the primary applicant uses the EAD?
--- It will be H1 till primary uses EAD
I am hoping the answer is "NO". If that is the case, for whatever reason if the GC process gets cancelled, I am assuming that the dependent can go back to the native country and return using H-4 visa. Are my assumptions correct?
----- If you maintain H1 status and I-485 denied no effect on H1 or H4, if you have H1 status at that time spouse can get H4 visa going out and can be on H4 status.

*** I don’t know your details FYI if your spouse H4 Visa stamp is going to expire file her H4 extension and get the H4 visa stamped from DOS in US after she gets Visa stamp then let her work or use the EAD the benefit of having valid H4 visa stamp is that if she uses EAD then again want to be on H1 then she can go to any nearest border and again enter showing H4 visa and will get I-94 based on H4 and can be again on H4

** if I-140 is not approved I would NOT allow my wife to use EAD till I-140 is approved and I would like to maintain H1 and H4 status till the date I-140 gets approved
 
Big Thanks!!!

Big thanks to everyone.

Yes, ideally I didn't want to use EAD for my wife without the 140 approval. She is expected to start her work come march 1 and unfortunately H-1 quota will be over by then. Either I wait till october or use the EAD. I guess I will take a chance to use the EAD and get H-4 later if needed (go back to India to get the H-4). Hopefully things will work out for all of us.

Cheers,
masti
 
Originally posted by guju
If you are already on H1, then why does the H1 quota matter to you?
Click to expand...

I am not worried about my H-1... I need to get a H-1 for my wife who is on H-4. For her its a new H-1.

Cheers,
masti
 
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