My I-485 is pending and I use H-1 to work. My wife has F1 visa and she is going to graduate next month. She just finds a job and will use EAD (EAD is from I-485, not from practice training) to work. I am worry if she graduates, her F-1 will be expired and she will have no legal status in US. So my question is that do I need to apply H-4 for her to keep a legal status? Thank for your input.
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Does my wife need H-4?
- Thread starter Owen2003
- Start date
Owen2003 said:My I-485 is pending and I use H-1 to work. My wife has F1 visa and she is going to graduate next month. She just finds a job and will use EAD (EAD is from I-485, not from practice training) to work. I am worry if she graduates, her F-1 will be expired and she will have no legal status in US. So my question is that do I need to apply H-4 for her to keep a legal status? Thank for your input.
If you've applied for an I-485 for your wife (it sounds like you have since you refer to her using an EAD) then her status is fine. She has "adjustment of status" status as long as the I-485 is pending. If she uses the EAD to work, then this would invalidate her H status if she had this (but not yours).
Of course, she will need AP to travel.
ETA
If you've applied for an I-485 for your wife, her F1 status will be gone, but still under AOS status (it means she is not out of status. she is fine.). Note: only H4 or L4 will still be valid if they apply for I-485 for their spouses.
So once she is under AOS status, if she needs to work, she will have to use her EAD. If she needs to travel, she needs her valid AP before she departs USA, not after she departs. After she gets her valid AP, she can travel if she wants and I think she can get her H4 stamp at US consulate or US embassy (not sure) because what if your I-485 is denied and your status is still H1 (unexpired H1) and your wife's status is AOS status (F1 is no longer valid). If your I-485 is denied, you are still on H1 status, but your wife will be out of status because she doesn't have f1 status or h4 status so I think getting H4 stamp after you get valid AP would be better (but not sure. talk to your lawyer or wait for answers from other people).
Hope this helps.
So once she is under AOS status, if she needs to work, she will have to use her EAD. If she needs to travel, she needs her valid AP before she departs USA, not after she departs. After she gets her valid AP, she can travel if she wants and I think she can get her H4 stamp at US consulate or US embassy (not sure) because what if your I-485 is denied and your status is still H1 (unexpired H1) and your wife's status is AOS status (F1 is no longer valid). If your I-485 is denied, you are still on H1 status, but your wife will be out of status because she doesn't have f1 status or h4 status so I think getting H4 stamp after you get valid AP would be better (but not sure. talk to your lawyer or wait for answers from other people).
Hope this helps.
Thanks USGS485.
So you mean my wife needs to go back home country with AP and apply for H4 there? or can she apply H4 in US?
Thanks
So you mean my wife needs to go back home country with AP and apply for H4 there? or can she apply H4 in US?
Thanks
USGC485 said:If you've applied for an I-485 for your wife, her F1 status will be gone, but still under AOS status (it means she is not out of status. she is fine.). Note: only H4 or L4 will still be valid if they apply for I-485 for their spouses.
So once she is under AOS status, if she needs to work, she will have to use her EAD. If she needs to travel, she needs her valid AP before she departs USA, not after she departs. After she gets her valid AP, she can travel if she wants and I think she can get her H4 stamp at US consulate or US embassy (not sure) because what if your I-485 is denied and your status is still H1 (unexpired H1) and your wife's status is AOS status (F1 is no longer valid). If your I-485 is denied, you are still on H1 status, but your wife will be out of status because she doesn't have f1 status or h4 status so I think getting H4 stamp after you get valid AP would be better (but not sure. talk to your lawyer or wait for answers from other people).
Hope this helps.
Owen2003 said:Thanks USGS485.
So you mean my wife needs to go back home country with AP and apply for H4 there? or can she apply H4 in US?
Thanks
If your wife uses the EAD, then the H visa is no longer an option as far as I know.
ETA
I assume you already applied for I-485 for your wife so she is now under AOS status, not under F1 status. It is up to you to apply for H4 in another country at US consulate or US embassy, but you don't have to do it. It is not necessary because your wife is in legal status and her case is pending. For getting a H4, I am not sure it is advisable. Please talk to your lawyer or wait for answers from people in this forum.
I don't know about switching from F1 to H4 in US. Like I said, talk to your lawyer.
I don't know about switching from F1 to H4 in US. Like I said, talk to your lawyer.
Owen2003 said:Thanks USGS485.
So you mean my wife needs to go back home country with AP and apply for H4 there? or can she apply H4 in US?
Thanks
Yes, she can apply for her H4 if your H1 is valid. Keep in mind that, once she enters USA with her H4 status, she must give up any job she was doing with her EAD. If she continues to work on EAD, her H4 status will be invalid automatically even though she entered in H4 visa.