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.
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.