EAD and H1

W

waitfor140

Registered Users (C)
Hi, guys,

I am in H1 status and submitted I140 last year. My wife is in H4 and now she is looking for job. Both of us have EAD. My question is:
If my wife gets a job and works with the EAD, can I still in H1 status? I want to keep my status in H1 (do not use my EAD). Thanks.
 
H1 is an independent status.

If your wife uses the EAD it will not affect your status. You will be on H1 only. But her status will be Pending AOS. And She needs to use AP after foreign travel.
 
Changing to H4 after using EAD

Hi tammy 2,
My wife is also goint to use EAD although I would maintain H1 status.
If my 140 is denied due to some reason, Can my wife change back to H4 status? Would she have to go to India to get the visa stamped?
My H1 is valid till 11/1 extendable till May 2005.
Thanks for you help in advance.
 
hi,

I have a similar question..gurus please answer..I am on H1 but my wife used the EAD and got a job..Now if my 1-140 is denied..what is the procedure i need to follow to get my wife back on h4...thanks
 
Guys please reply.....

I am also not clear on this issue. Thats why my wife did not start any work on EAD as we donot know if H-4 can be rectified later once lost.
 
Jalma/ rock1/ GC_GoneCase


As long as you continue to maintain your H1-B status she should be fine. If your I-140 get denied for any reason then she should stop working and you should file for H4 visa for her again. She doesn't need to leave the country if you file H4 petition for her immiditelty.
 
Originally posted by vahope4gc
Jalma/ rock1/ GC_GoneCase


As long as you continue to maintain your H1-B status she should be fine. If your I-140 get denied for any reason then she should stop working and you should file for H4 visa for her again. She doesn't need to leave the country if you file H4 petition for her immiditelty.
Click to expand...

I will not agree with this. If you use EAD to get back to the H1/H4 status you need to go out of country and re-enter with new I-94. Whether you need to get stamping or not depends upon the validity of your visa.
 
Originally posted by tammy2
I will not agree with this. If you use EAD to get back to the H1/H4 status you need to go out of country and re-enter with new I-94. Whether you need to get stamping or not depends upon the validity of your visa.
Click to expand...

Hi tammy 2,
Thanks for your reply.
I checked on it with 2 attorneys.
One says no issue. H4 can be processed in US as it is tied to H1 and if H1 is valid no need to go to India and get it stamped. As per him as H4 is dependent on H1 and if H1 is still valid, it should be fine. In case of EAD, H1 status is not valid and if 140 gets denied, a person does not have any status. As H1 does not have any dependent status, one has to go out of US and get the H1 status via visa stamping.

The other attorney agrees with what you have written. She says, no matter what, if one has used EAD and the GC is denied, one has to go out of US to get either H1 or H4, as the case may be.

It is getting confusing with no clear document or procedure to indicate what is correct?
Is there any attorney on this site who can help in this matter. I think, a lot of people have similar kind of situation. Any guidance / document link etc. would be really appreciated.
 
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