EAD and H4

[pakka_desi]

My wife and mine Labor and I-140 has been approved. We filed I-485 May, 2003. My wife has also started working on using EAD, I am still continuing on my H1 and have EAD as backup. My employer is asking to file for H1 extension for myself but they are not goign to file H4 Extension for my wife because she has already started working on EAD which she got based on my I-485 petition.
My question is that
1. Do I need to file H4 Extension for her because her I-94 card will expire by July'04.
2. Should I file H4 extension for my wife as backup in case if she loses job (not sure if she would be out of the status in that case)?

Please advice..

Thanks in advance

 

[guju]

The moment your wife started working on EAD, she lost her H4 status, she is now on 485 adjustee status, and she will require an AP to travel.

You don't need to file for her H4, if she wants to switch back to H4, all she has to do is go out of the country and return on H4 visa (you have to be on H1 for her to be able to return on H4). If she won't have a valid H4 visa at that time, then she can apply for a new H4 visa at the consulate and then enter on H4.

Even if you apply for her H4 extention and it gets approved, and she continues working on EAD, then she will still not be on H4, and she will have to leave US and re-enter on H4 if she wants to switch back to H4.

If her I-94 expires then it wouldn't matter because she won't be out of status, she will be on 485 pending adjustee status, even if she looses her job, she still will be on 485 pending status. You don't need to worry.

Then only thing is that if your 485 gets denied for some reason, then she will have to leave US right away and then re-enter on H4.

 

[Ashish Mukherji]

I was on an H1 and filed for my I 485 in December 2002, wherein my spouse was the primary. We got our finger printing done soon after. We received our EAD & AP but did not have to use it as I continued on my seperate H1 but lost my job in Dec 03.

Should I file for an H4 while I am looking for a job? Since H4's take a lon time to arrive should I take up a job based on my EAD or get the new employer to file for an H1 transfer?

If I take up the job based on my EAD what happens if the EAD expires (mine to expire in April 04)? Can I go to local INS office and get an interim EAD since the renewal, which is being filed as of writing this forum question, may take a long time to show up?

Also, can I go to local INS office and get an interim Advance Parole since the AP renewal is being filed as of writing the forum question?

What papers will I have to take with me to local INS office to get interim EAD & AP?

Any help any reader can provide will be most welcome. I will be happy to answer additional questions. Thank you.

AM

 

[guju]

It is your choice if you want to file for H4, or get a new job and then file an H1 transfer.

If you don't file for H4 then you are on pending 485 adjustee status which is a legal status. If you wish to save money (which you will need to spend to file for H4), then you are better off waiting to get a new job and doing an H1 transfer or a new H1 instead of getting H4.

If you do not have a valid H1, then you will need a valid EAD to work. If your EAD expires and a new EAD doesn't arrive, then you should not be working as it can be considered illegal work. You can very well get I-EAD after 90 days from filling of your EAD if your EAD doesn't arrive.

There is no I-AP, there is Emergency AP which you can get from local USCIS office, but you will need to prove that there is an emergency situation which requires you to travel out of US.