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Do i need to use my Advance Payrol though i have a valid H4
- Thread starter h1waiter
- Start date
Watch out..
This is the information i had posted in earlier post. If you apply for a EAD then it means that you "H" type visa is invalid from then. So once you apply EAD, regardless you work or not your "H" type visa is no more considered. Now once you have EAD you can only leave the country with a Advanced Payrole visa. If you are planning to leave country with a "H" visa - which you consider as valid, then you are going to be in big time trouble while entering back. This is info that i had collected during my time. Hope this will help you
This is the information i had posted in earlier post. If you apply for a EAD then it means that you "H" type visa is invalid from then. So once you apply EAD, regardless you work or not your "H" type visa is no more considered. Now once you have EAD you can only leave the country with a Advanced Payrole visa. If you are planning to leave country with a "H" visa - which you consider as valid, then you are going to be in big time trouble while entering back. This is info that i had collected during my time. Hope this will help you
Sankar Datta
Registered Users (C)
here is professional advise
Chat User : Myself and my wife are in H1 and H4. She got her EAD can she travel out of USA in H4?
Attorney Murthy : Travel out in any status is not a problem. Only at time of reentry she can enter on either H4 if not working or on Advance parole if she is using the EAD to work
pdn i am interested to know whether you personally faced any problem at the time of reentry or you are just guessing
Chat User : Myself and my wife are in H1 and H4. She got her EAD can she travel out of USA in H4?
Attorney Murthy : Travel out in any status is not a problem. Only at time of reentry she can enter on either H4 if not working or on Advance parole if she is using the EAD to work
pdn i am interested to know whether you personally faced any problem at the time of reentry or you are just guessing
Not Necessary if you have valid H visa
As I know if you have EAD and you used it then you have to have AP for travel out side. But if you have valid H4 and you are not working then you can travel on H4 and come back. But for safety I will suggest take all your documents.
As I know if you have EAD and you used it then you have to have AP for travel out side. But if you have valid H4 and you are not working then you can travel on H4 and come back. But for safety I will suggest take all your documents.
AP not necessary
Well, the state department has clarified more than once, that just applying for EAD and getting one DOES NOT nullify your H Visa (H1 or H4). It is only when you use your EAD to work, then you loose your H status. Accordingly, if you have a valid H1 or H4 Visa stamped in your passport and have not used EAD to work, then you can reenter on H1 or H4 visa and Advance Parole is not needed.
Please check this out for more detailed information
http://www.murthy.com/UDnewins.html
Note: The above is my opinion only. Please consult your attorney for legal advise.
Well, the state department has clarified more than once, that just applying for EAD and getting one DOES NOT nullify your H Visa (H1 or H4). It is only when you use your EAD to work, then you loose your H status. Accordingly, if you have a valid H1 or H4 Visa stamped in your passport and have not used EAD to work, then you can reenter on H1 or H4 visa and Advance Parole is not needed.
Please check this out for more detailed information
http://www.murthy.com/UDnewins.html
Note: The above is my opinion only. Please consult your attorney for legal advise.
No Title
The post that i put was because i was to go through the same problem a year back and during that time, my attorney had told me the stuff that i mentioned. So it is not a guess and not an experience too, but as i mentioned it is just the information that i collected.
The post that i put was because i was to go through the same problem a year back and during that time, my attorney had told me the stuff that i mentioned. So it is not a guess and not an experience too, but as i mentioned it is just the information that i collected.
No Title
I have gone though the site and looks that you can travel with your H4. See again i have mentioned that that was the information that i collected and you should better take more views and probably consider the information on the reputed sites as suggested by freeman.
I have gone though the site and looks that you can travel with your H4. See again i have mentioned that that was the information that i collected and you should better take more views and probably consider the information on the reputed sites as suggested by freeman.
Another EAD/H1-B question
Hello,
I have an H1-B visa valid till 2003. I have also applied for my 485/AP/EAD and AP/EAD will be approved soon...
In the meanwhile I am looking for a part-time job and will use my EAD when I work. Given these circumstances, can I use H1-B AND EAD at the same time? Or when I use my EAD for my part time job, is the H1-B status void?
I am also planning to go abroad on vacation in a couple of months. How should I plan for the vacation based on my H1-B/ EAD status above?
My visa stamp on passport is valid till 2003.
Any input will be highly appreciated.
Thanks
xfvzp34
Hello,
I have an H1-B visa valid till 2003. I have also applied for my 485/AP/EAD and AP/EAD will be approved soon...
In the meanwhile I am looking for a part-time job and will use my EAD when I work. Given these circumstances, can I use H1-B AND EAD at the same time? Or when I use my EAD for my part time job, is the H1-B status void?
I am also planning to go abroad on vacation in a couple of months. How should I plan for the vacation based on my H1-B/ EAD status above?
My visa stamp on passport is valid till 2003.
Any input will be highly appreciated.
Thanks
xfvzp34
No Title
As per my understanding it is O.K. to take a part time job using your EAD and still maintain your H1. You will still be in your H1 status as long as you are employed with your petitioning employer in the same job - i.e you do not change your primary job.
please go through the website which I have posted earlier in this discussion.
Consult your lawyer for legal advise.
As per my understanding it is O.K. to take a part time job using your EAD and still maintain your H1. You will still be in your H1 status as long as you are employed with your petitioning employer in the same job - i.e you do not change your primary job.
please go through the website which I have posted earlier in this discussion.
Consult your lawyer for legal advise.
No Title
H4 will do.
Just a few years ago all H4 holders were having a social security number within a few weeks after they landed. So, SSN does not matter. All that counts is if you have worked using EAD. If yes, then use AP to reenter. IF no, then use valid H4 visa to reenter. However, keep copies of you I-485 receipt.
H4 will do.
Just a few years ago all H4 holders were having a social security number within a few weeks after they landed. So, SSN does not matter. All that counts is if you have worked using EAD. If yes, then use AP to reenter. IF no, then use valid H4 visa to reenter. However, keep copies of you I-485 receipt.