EAD/AP & H4

R

rpranesh

Registered Users (C)
When i read the other threads, i get confusing remarks on using EAD/AP when on H4. My general understanding is that people on H4 can switch to AP when re-entering the country and remain in parol status and they can use EAD as soon as they get them
my questions are
1. If I140/I485 gets denied due to any reasons and if the spouse's H1 and my H4 are still valid, do i need to exit the country and reenter on H4 immediately or i can stay in the country and next time when i go out and reenter the country i need to enter on H4 (assuming H4 still valid). My spouse on H1 does not have EAD/AP.
2. I heard that when entering back the country on valid AP (previously on H4), sometimes they take you to secondary inspection and stamp AP visa on the passport. When they do this, do they cancel the H4 visa stamping? (i.e) H4 visa canceled without prejuice

TIA,
 
rpranesh said:
When i read the other threads, i get confusing remarks on using EAD/AP when on H4.

My general understanding is that people on H4 can switch to AP when re-entering the country and remain in parol status and they can use EAD as soon as they get them
------ you are correct and once H4 holder uses EAD he/she needs approved AP in HAND before departing US if want to use AP for reentry to US
my questions are
1. If I140/I485 gets denied due to any reasons and if the spouse's H1 and my H4 are still valid, do i need to exit the country and reenter on H4 immediately
------ you CAN reenter on H4 status if you have H4 Visa stamp or get H4 Visa stamp from consulate and your spouse is on H1 status and the primary H1 holder has NOT used EAD
or i can stay in the country and next time when i go out and reenter the country i need to enter on H4 (assuming H4 still valid). My spouse on H1 does not have EAD/AP.
----- you can do that(read above)


2. I heard that when entering back the country on valid AP (previously on H4), sometimes they take you to secondary inspection and stamp AP visa on the passport.
------ yes they take you to secondary inspection and stamp AP as "Paroled till......" just they check in computer system about your pending I-485 and AP, nothing to worry but it takes 20-30 mintes at may airports and many airpots take more time and many airport dont take you to secondary inspection the POE officer looks at AP and stapms the passport and AP
When they do this, do they cancel the H4 visa stamping? (i.e) H4 visa canceled without prejuice
------ if at the time of entry to US you have valid H4 Visa stamp then why to use AP??? or i am missing something here???
TIA,
Click to expand...
 
------ if at the time of entry to US you have valid H4 Visa stamp then why to use AP??? or i am missing something here???

Once i start using EAD, then i would need to enter on AP next time i enter the country even if i have valid H4 right?
 
rpranesh said:
------ if at the time of entry to US you have valid H4 Visa stamp then why to use AP??? or i am missing something here???

Once i start using EAD, then i would need to enter on AP next time i enter the country even if i have valid H4 right?
Click to expand...
---even if you used EAD and now go out of US then enter with H4 visa stamp it is not a problem you will be admitted on H4 status and will get I-94 based on H4 status, if you want again to use EAD immidiatly after entring US then enter with AP, but nobody forces you to use AP you CAN enter on H4 and and later if again want to use EAD, no problem.
for more info regarding H and AP you can take out the printouts and read

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
 
Last edited by a moderator:
Mr Ginnu, Please advise

ginnu said:
---even if you used EAD and now go out of US then enter with H4 visa stamp it is not a problem you will be admitted on H4 status and will get I-94 based on H4 status, if you want again to use EAD immidiatly after entring US then enter with AP, but nobody forces you to use AP you CAN enter on H4 and and later if again want to use EAD, no problem.
for more info regarding H and AP you can take out the printouts and read

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
Click to expand...



Mr Ginnu,

My case is slightly different, can you please advise me.

My wife came here on h4 latter she shifted to h1 and started working on h1, she did not get visa stamped with new h1 but got I94.

Meanwhile I applied for 140/485 and both of us got EAD's, I never used EAD but my wife started working on EAD now.

My question is,

1)If my wife wants to go to india, what is the best thing to do, i mean does she have any other alternative other than AP(We havent applied for AP)

2)In case my 140 is denied, what would happen to her status as she is working on EAD, can she go back and work on her previous h1(which is not yet cancelled)

I would greatly appreciate you advise, Thanks in adavance.

OctFiler
 
octFiler said:
Mr Ginnu,

My case is slightly different, can you please advise me.

My wife came here on h4 latter she shifted to h1 and started working on h1, she did not get visa stamped with new h1 but got I94.

----- wife came to US on H4 and filed Change of status from H4 to H1 and with H1 approval got new I-94 attached with H1 approval notice, if that is true then she is on H1 if she still has Valid I-94
Meanwhile I applied for 140/485 and both of us got EAD's, I never used EAD but my wife started working on EAD now.
--------once wife used EAD she is not on H1 status
My question is,

1)If my wife wants to go to india, what is the best thing to do, i mean does she have any other alternative other than AP(We havent applied for AP)
---need approved AP in hand before she departs US
2)In case my 140 is denied, what would happen to her status as she is working on EAD, can she go back and work on her previous h1(which is not yet cancelled)
----- she does not have H1, she invalidated that once she used EAD, if I-140 gets denied then EAD AP I-485 all will get denied becase all are based on I-140.

*** if you are still on H1 status try to maintain H1 status till I-140 gets approved and I-485 is pending more than 180 days to be safe.
I would greatly appreciate you advise, Thanks in adavance.

OctFiler
Click to expand...
 
Thanks a lot for replying ginnu.

One last question though....

you said

----- she does not have H1, she invalidated that once she used EAD, if I-140 gets denied then EAD AP I-485 all will get denied becase all are based on I-140.

In the above scenarion when everything is denied(EAD,AP,140,485), what should my wife do, should she immediately leave US and come back again on h4 as i am still on h1(i am not working on EAD, am still working on my h1)

What would be the best possible way for her to continue to work in case my 140/485 is denied?? should she apply for a h1 now as a back up if my 140/485 is denied can she go to india, and come back on the h1 we are going to apply now.


Thanks in advance.

octFiler.
 
octFiler said:
Thanks a lot for replying ginnu.

One last question though....

you said

----- she does not have H1, she invalidated that once she used EAD, if I-140 gets denied then EAD AP I-485 all will get denied becase all are based on I-140.

In the above scenarion when everything is denied(EAD,AP,140,485), what should my wife do, should she immediately leave US and come back again on h4 as i am still on h1
------- you are correct

(i am not working on EAD, am still working on my h1)

What would be the best possible way for her to continue to work in case my 140/485 is denied??
should she apply for a h1 now as a back up if my 140/485 is denied can she go to india, and come back on the h1 we are going to apply now.
---- yes she can apply fresh H1, after approval go to India, Get H1 stamp and enter on H1 status. for more info please go to your lawyer

Thanks in advance.

octFiler.
Click to expand...
 
Ginnu/Senior Members,

My wife is currently working on EAD, can she ask her present company to get her a new h1 and convert from EAD to h1.(I want to do this because if she comes back onto h1, there wouldnt a problem for her even if my 140 is denied.)

Please advise if this is possible-converting from EAD to H1

Thanks,
octFiler.
 
octFiler said:
Ginnu/Senior Members,

My wife is currently working on EAD, can she ask her present company to get her a new h1
---YES, let the employer file Fresh New H1 for her, once approved let her get H1 Visa stamp and enter on H1 status
and convert from EAD to h1.(I want to do this because if she comes back onto h1, there wouldnt a problem for her even if my 140 is denied.)

Please advise if this is possible-converting from EAD to H1
---Yes, read above if her employer file H1 through premium Processing she can get H1 in 15-20 days after filing
Thanks,
octFiler.
Click to expand...
 


Thanks for the quick response Ginnu.

You said:

---YES, let the employer file Fresh New H1 for her, once approved let her get H1 Visa stamp and enter on H1 status
and convert from EAD to h1

After she gets h1, can she start working on h1 rightaway and later when she goes out of country can she get the h1 stamped then or is it compulsory that she will have to get stamping before starting to work on h1?


Thanks,
octFiler.
 
octFiler said:
Thanks for the quick response Ginnu.

You said:

---YES, let the employer file Fresh New H1 for her, once approved let her get H1 Visa stamp and enter on H1 status
and convert from EAD to h1

After she gets h1, can she start working on h1 rightaway and later when she goes out of country can she get the h1 stamped then or is it compulsory that she will have to get stamping before starting to work on h1?
-----she will have to go out get Visa stamping then she will enter with H1 Visa and will get I-94 at POE based on H1. NEW or Fresh H1 approval notices are not issued with I-94 from USCIS ,ONLY H1 extensions or H1 Transfers get I-94 attached with approval notice
Click to expand...
 
ginnu said:
she will have to go out get Visa stamping then she will enter with H1 Visa and will get I-94 at POE based on H1. NEW or Fresh H1 approval notices are not issued with I-94 from USCIS ,ONLY H1 extensions or H1 Transfers get I-94 attached with approval notice
Click to expand...

This is incorrect. It is possible to get an H1 petition along with a change of status to H1. My first H-1B was a change of status from TN, and I received an I-94 in the lower right corner of the I-797. So long as she is maintaining legal status at the time of the H1 petition and the petition includes a change of status request from her current status, she will be OK.

Many folks get an H-1B from another status, and do not need to depart and re-enter the US to switch status.
 
TheRealCanadian said:
This is incorrect. It is possible to get an H1 petition along with a change of status to H1. My first H-1B was a change of status from TN, and I received an I-94 in the lower right corner of the I-797. So long as she is maintaining legal status at the time of the H1 petition and the petition includes a change of status request from her current status, she will be OK.

Many folks get an H-1B from another status, and do not need to depart and re-enter the US to switch status.
Click to expand...


I dont know much but i too think you will get i-94 even when change of status(when my wife converted from h4 to h1 earlier she got i-94)

Thanks to Ginnu and TheRealCanadian for teh clarifications.

octFiler.
 
TheRealCanadian said:
This is incorrect. It is possible to get an H1 petition along with a change of status to H1. My first H-1B was a change of status from TN, and I received an I-94 in the lower right corner of the I-797. So long as she is maintaining legal status at the time of the H1 petition and the petition includes a change of status request from her current status, she will be OK.

Many folks get an H-1B from another status, and do not need to depart and re-enter the US to switch status.
Click to expand...

------She is NOT filing Change of Status or extension of status, she is filling Fresh New H1 and it will not have I-94 attached
 
ginnu said:
She is NOT filing Change of Status or extension of status, she is filling Fresh New H1 and it will not have I-94 attached
Click to expand...

You are correct, but not for the reason you state. Looking back at the post, since she is using the EAD she has no non-immigrant status to switch from.

Still, a fresh H-1 can be combined with a change of status, provided there is a status to switch from.
 
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