EAD and H-4 for spouse

[atyagi73]

I have received EAD cards both for myself and my spouse. I am planning to get SSN for my wife using her EAD. I just want to know if it is OK for her to use EAD for work while maintaining a valid H4. I am not using EAD for myself.

Thanks for your input.

 

[lprkhoj]

I just want to know if it is OK for her to use EAD for work while maintaining a valid H4.

She would lose H4 status the day she starts working on EAD. Her status then would be AOS pending. And if you use EAD, both of you would lose your respective H status - just fyi - but would still be on valid status that of AOS pending.

 

[atyagi73]

She would lose H4 status the day she starts working on EAD. Her status then would be AOS pending. And if you use EAD, both of you would lose your respective H status - just fyi - but would still be on valid status that of AOS pending.

My lawyer does not think that way. According to him its valid for spouse(and not primary applicant) to have valid H4 and use EAD.

I am confused. Gurus ?

 

[Glistenpearls]

I would like to know about this too...I'm planning to go back to Australia for vacation in Feb and if I get a job before Feb, is that mean I lose the H4 and cant go back in Feb unless I have AP with me? (to date, theres no update when I enter the receipt number at the USCIS website).

 

[TheRealCanadian]

My lawyer does not think that way. According to him its valid for spouse(and not primary applicant) to have valid H4 and use EAD.

Your lawyer can think and say whatever he wants. Unfortunately for him, USCIS says that people in H-4 status cannot work, period, and when he and USCIS disagree guess who wins?

 

[lprkhoj]

I would like to know about this too...I'm planning to go back to Australia for vacation in Feb and if I get a job before Feb, is that mean I lose the H4 and cant go back in Feb unless I have AP with me? (to date, theres no update when I enter the receipt number at the USCIS website).

Yes, if you start working using EAD before your vacation, you'd need AP to re-enter. So ensure that you have an approved AP before you leave. If AP is pending while you leave the country, it would be deemed to have been abandoned and so would be your AOS application.

However,
- you may get a job offer before your vacation
- let employer know of your vacation plans, hence, request a delayed starting date,
- go on vacation,
- re-enter with a valid H4 stamp (spouse has to be on H-1B all this while)
- use EAD to start work,
- file for AP
- then use approved AP to travel in future.

 

[Glistenpearls]

thanks! i guess either i have a late start or dont look for a job at all till after vacation (so I can re-enter with H4 that is still valid till May 2008).