Does EAD invalidate H1/H4?

Y

YJay

Registered Users (C)
We have our new H-1B and H-4 stamped at NVC in St Louis after submitting our I-485. My wife is using EAD for a part time job.

Can my wife travel outside USA using her H-4? (I am sure I can travel on my H-1B and my daugher can go on her H-4.)
 
H1/H4 status is invalid when a person has either used EAD for work and/or used AP for travel.

Yes, she would have to use AP for travel. I assume you haven't used EAD or AP yet.

Note: If the primary beneficiary has used EAD/AP, then the secondary beneficiary's (spuse and kids) 'H' status is invalid also regardless.
 
In my opinion she cannot use H4

In my opinion she cannot use her H4 because once she uses EAD H1/H4 becomes invalid. She has to get AP to travel. They key here is not having "EAD" but "using it". She has used her EAD to work part-time so she is not H4 anymore.
Once again it is my personal opinion. When I started using EAD my H1B became invalid as per my attorney. I am applying the same logic to H4 also.
 
AP needed

"H1/H4 status is invalid when a person has either used EAD for work and/or used AP for travel. " is partially true.

If you used EAD, H1-4 is invalid. However, if you are on H, and used AP to enter, you can still continue using H - if the primary beneficiary continues to work for the same employer.

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Chat User : Good evening! Both my husband and I are H-1 holders and we filed I-485 and got AP. If I use AP to travel, does that mean I will lose or give up H-1 status?

Attorney Murthy : No, the INS Memo of May 2000 makes it clear that choosing to reenter on the AP instead of the H1B allows the person to file an H1B extension or an H1B amendment etc. and revert to H1B status if the person continues to work with the H1B employer and has not yet worked in "open market employment."

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http://www.murthy.com/chat0520.html
 
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