Does using ead void h4 status?

O

ommoll

Registered Users (C)
Hi,
This question has been asked many times before and I consulted attorney but got different answers. It will be great if someone can point to USCIS memo regarding this issue.

I worked on h1 till April 2009. I have EAD since July 2007. I am the primary applicant for 485 AOS.
I got h4 visa stamp from india (due to non availability of project work).

My question is- I enter the US with h4 which puts me in h4 status. I also have EAD and AP. If I start working with the same employer (past h1, 485 sponsor), does using EAD cancel my h4 status?

If my 485 is denied 6 months later, where does that leave me? Can I continue to stay in US, or do I need to start h4 afresh?
(A lawyer I consulted with said, I can use EAD, and in case of 485 denial, continue on h4 because I came in the US on h4 and hence that will be my status)
Thanks for your inputs.
 
H4 does not allow employment in the US. Once you work in the US with or without an EAD, your H4 is void, and it doesn't matter who the employer is. To reactivate the H4 status you would have to leave the US and reenter using a valid H4 passport stamp.
 
ommoll said:
Hi,
This question has been asked many times before and I consulted attorney but got different answers. It will be great if someone can point to USCIS memo regarding this issue.

I worked on h1 till April 2009. I have EAD since July 2007. I am the primary applicant for 485 AOS.
I got h4 visa stamp from india (due to non availability of project work).

My question is- I enter the US with h4 which puts me in h4 status. I also have EAD and AP. If I start working with the same employer (past h1, 485 sponsor), does using EAD cancel my h4 status?

If my 485 is denied 6 months later, where does that leave me? Can I continue to stay in US, or do I need to start h4 afresh?
(A lawyer I consulted with said, I can use EAD, and in case of 485 denial, continue on h4 because I came in the US on h4 and hence that will be my status)
Thanks for your inputs.
Click to expand...

Using EAD=void H4
Denial of I485 while working on EAD=Void EAD and out of status
to go back to H=travel outside US, enter again with valid H visa stamp, get new I94 stamped as H
 
Thanks Jackolantern, mmed.
Follow up question:
If I work using EAD, and 485 gets denied. Can I go to canada and get back into h4 based on the exisiting h4 stamp if it is still in validity period? Or, do I need to apply for fresh h4 at consulate.?
Can the fresh h4 be applied COS from within US in case of 485 denial.
 
ommoll said:
Thanks Jackolantern, mmed.
Follow up question:
If I work using EAD, and 485 gets denied.
Can I go to canada and get back into h4 based on the exisiting h4 stamp if it is still in validity period?
------------------Yes if your spouse is on valid H1 status and you have valid H4 visa stamp in passport.
Or, do I need to apply for fresh h4 at consulate.?
-----------------no need to get new H4 visa stamp if you have H4 valid stamp exit US then enter US and get H4 based I-94.

Can the fresh h4 be applied COS from within US in case of 485 denial.
------------- What do you mean by "fresh H4" or COS? COS is change of status. one can file H4 to H1 COS with USCIS or H1 to H4 COS....
Click to expand...

It seems to me that your Pending I-485 is derivative based on your spouse LC, I-140 and your spouse is Primary for I-485.
Why do you think your derivative I-485 will be denied?
If your spouse primary I-485 gets denied then your I-485 also gets denied and your EAD, AP becomes invalid.
If at that that time your spouse is maintaining H1 status then you just exit US and can enter US on H4 status if you have valid H4 stamp. If H4 stamp is expired then get new H4 visa stamp based on your spouse H1 status.
 
ommoll said:
Thanks Jackolantern, mmed.
Follow up question:
If I work using EAD, and 485 gets denied. Can I go to canada and get back into h4 based on the exisiting h4 stamp if it is still in validity period? Or, do I need to apply for fresh h4 at consulate.?
Can the fresh h4 be applied COS from within US in case of 485 denial.
Click to expand...

H and I485 are separate issues, if I485 is denied or not, to go back to the unexpired H after using EAD with valid stamp, just travel and come back using that stamp. It is just simple as that.
 
Thanks mmed for your replies.
I am the primary applicant for 485. I was working on h1 and had filed for 485 EB2. I have now gotten the h4 stamp based on my spouse's h1.

I fear that my 485 might be denied because my previously approved h1 was revoked because of improper LCA filings by my company. USCIS can retroactively say I was not in valid status while filing 485 at that time.

So I want to be in valid non-immigrant status during the time the 485 gets denied, and I am able to refile the 485.

At the same time, I have completed 6 years on h1, have approved I-140. If I am able to find a job and properly file h1 COS from US, will I be come under the h1 quota if I file say after an year from now?
 
every thing depends on primary application status.... all underlying applications are tied to it, where it is dependednt or other dependent documents/statuses.
 
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