Does using EAD invalidate spouses' H status? Implications on AP?

R

rohiniw

Registered Users (C)
Here is my situation -

My spouse is working on an H1 visa and I have an H4 visa. Both of us have pending I-485 applications.
He is the principal applicant and has not used his EAD. I am a derivative applicant and have used my EAD.

My questions are:

1. Does my having used the EAD invalidate my H4 status?
2. Does my having used the EAD invalidate my spouses' H1 status?

We are planning to travel to India in December.

3. Do I need an Advance Parole to return or can I get my H4 visa stamped at the consulate in India?
4. Does my spouse need an AP to return to the US or can he get his H1 visa stamped as well?

I have talked to our attorney and she said that we can both maintain H status even if I have used the EAD (which is contrary to what I have been reading on this forum, hence the confusion.) And she said that we do not need APs and can return to the US as long as we get our H visa stamps.

Can anyone share their experience? Any inputs will be appreciated.

Thanks.
 
rohiniw said:
Here is my situation -

My spouse is working on an H1 visa and I have an H4 visa. Both of us have pending I-485 applications.
He is the principal applicant and has not used his EAD. I am a derivative applicant and have used my EAD.

My questions are:

1. Does my having used the EAD invalidate my H4 status?
2. Does my having used the EAD invalidate my spouses' H1 status?

We are planning to travel to India in December.

3. Do I need an Advance Parole to return or can I get my H4 visa stamped at the consulate in India?
4. Does my spouse need an AP to return to the US or can he get his H1 visa stamped as well?

I have talked to our attorney and she said that we can both maintain H status even if I have used the EAD (which is contrary to what I have been reading on this forum, hence the confusion.) And she said that we do not need APs and can return to the US as long as we get our H visa stamps.

Can anyone share their experience? Any inputs will be appreciated.

Thanks.
Click to expand...
Answers......

1. Yes - you are no longer in H4 status after using EAD.
2. No - your spouse's H1 status is not affected.

3. YES - you need AP to return. (or you can file for change of status to H4 and get h4 stamped - but its of no real value).
4. Spouse has a choice -- he can choose to get H1 visa stamped or can enter on AP - his choice

Your attorney is not totally correct --using EAD invalidates your H status. (using AP does NOT)
 
rohiniw said:
Here is my situation -

My spouse is working on an H1 visa and I have an H4 visa. Both of us have pending I-485 applications.
He is the principal applicant and has not used his EAD. I am a derivative applicant and have used my EAD.

My questions are:

1. Does my having used the EAD invalidate my H4 status?
having EAD doesnot invalidate. Using it yes!
2. Does my having used the EAD invalidate my spouses' H1 status?
No ..as long as spouse use H1 and not EAD.

We are planning to travel to India in December.

3. Do I need an Advance Parole to return or can I get my H4 visa stamped at the consulate in India?
As per my trip local ins office they mentioned that if i-485 is pending it is safe to use AP as ..........read discussions .......

4. Does my spouse need an AP to return to the US or can he get his H1 visa stamped as well?
yes and no!!! adjunct to above answer..............

I have talked to our attorney and she said that we can both maintain H status even if I have used the EAD (which is contrary to what I have been reading on this forum, hence the confusion.) And she said that we do not need APs and can return to the US as long as we get our H visa stamps.
H stamp is correct ! you can enter but the question of having AP comes in case your I-485 gets approved while you are not in US.........then legally you are not adjusting status.................

Can anyone share their experience? Any inputs will be appreciated.

Thanks.
Click to expand...
 
Thanks!

Thanks max2k1 and eb1doc.

eb1doc - I don't think we are too worried about the I-485 getting approved in our absence. With the current state of retrogression, that situation is as likely as the sun rising in the west!
 
nato said:
It is good to use AP, else probablity of 485 treated abondened
Click to expand...

Not quite true -- you can choose to re-enter on H visa and it DOES NOT affect the pending 485 in ANY way.

Entering on H visa does not make your 485 "abandoned" or any such thing.
 
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