DS-156 Questions (H4 - EAD)

A

aak0522

Registered Users (C)
Hi All,
I am on H1 and wife is on H4 and pending AOS.
Wife is working on EAD as Software programmer.

sending papers (H1 and H4) for revalidations.

Need to know what to write on wife's DS-156.

20. Name and address of present Employer
she is working on EAD and has H4 visa, so should I enter her employer details ? or you write principal H1 holders employer details?

27. What is the purpose of your trip ?
any help on what to write on h4's DS-156

32. Do you intend to work in the US ?
as I have filed for 140/485 and we have got EADs and she has already started working on EAD, what answer i should write ?
YES - Working on EAD or just mention YES?
 
If your wife is working on EAD then she is no more on H4. One looses h1/h4 status as soon as use EAD for work.She should apply for AP instead of stamping H4.
 
Originally posted by vahope4gc
If your wife is working on EAD then she is no more on H4. One looses h1/h4 status as soon as use EAD for work.She should apply for AP instead of stamping H4.
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Can anybody else confirm this?
As I read other posts which mentions you can get H4 stamped even if you have used EAD.
Wife doesn't want to travel or something but we need the stamps (valid visa's) on our passport.

Here is some discussion but dosn't answer my questions. http://www.immigrationportal.com/showthread.php?s=&threadid=119237

Please help!
 
Originally posted by aak0522
Can anybody else confirm this?
As I read other posts which mentions you can get H4 stamped even if you have used EAD.
Wife doesn't want to travel or something but we need the stamps (valid visa's) on our passport.

Here is some discussion but dosn't answer my questions. http://www.immigrationportal.com/showthread.php?s=&threadid=119237

Please help!
Click to expand...
You cannot get visa stamp unless you are in a valid status. Your wife is NOT in H4 status, she therefore cannot get an H4 visa. Her H4 status expired the day she used EAD for employment.

If you need to get back to H4 status, either get H4 approved by USCIS or travel abroad and apply for H4 visa at a US consulate. If you do so(get H4 visa) you can no longer continue to work, even though you have EAD.
 
Originally posted by nkm-oct23
You cannot get visa stamp unless you are in a valid status. Your wife is NOT in H4 status, she therefore cannot get an H4 visa. Her H4 status expired the day she used EAD for employment.

If you need to get back to H4 status, either get H4 approved by USCIS or travel abroad and apply for H4 visa at a US consulate. If you do so(get H4 visa) you can no longer continue to work, even though you have EAD.
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Thanks for your Help nkm-oct23
Actually she has her H4 approval notice alongwith my H1 approval. When we applied for extension of h1/h4 five months back that time she was not working on EAD. She started working after we applied.

So you mean to say that even if she has her H4 approval , she cannot get her visa stamped as H4 and continue to work on EAD?
 
Originally posted by aak0522
Thanks for your Help nkm-oct23
Actually she has her H4 approval notice alongwith my H1 approval. When we applied for extension of h1/h4 five months back that time she was not working on EAD. She started working after we applied.

So you mean to say that even if she has her H4 approval , she cannot get her visa stamped as H4 and continue to work on EAD?
Click to expand...

That H4 approval notice is NO LONGER VALID. You have to first decide what status you want your wife to be in. If you want her to be in H4, it means she cannot work. If you want her to work she cannot be in H4. If she is working, for travel she needs to have Advance parole approved. If she wants to be H4, she can use H4 visa for travel.
 
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