anxious_gc
Registered Users (C)
Guys,
I hate to say this but it seems that sometimes we end up confusing ourselves and others. I was trying to find out what happens to H4 status if the dependent uses her EAD. Assuming the primary applicant is still on H1, I have come accross various posts with the following assumptions.
1. H4 is invalid and dependent cannot restore her H4 status from within the country.
2. H4 is valid but dependent has to leave the country and enter H4 to make it active.
3. H4 is invalid and dependent has to go out, apply for new H4 and get it stamped(even when dependent has valid vias on the passport) .
4. H4 is gone and the dependent can only enter on Advance Parole even though the dependent has valid H4.
The problem is a new person coming in will get scared and there is a possibility he might do the wrong thing. I have talked to an attorney a couple of minutes ago and also based on the opinion of a senior member in this forum, I am coming up with the following points.(Assumption is Primary Applicant is still on H1 working with the same employer).
1. Using EAD doesn't validate the H4. EAD is just an authorization to work (not the status) and the dependent can still maintain her H4.
2. Even after using EAD, the dependent can leave the country (with approved Advance Parole) and enter back on H4.
3. Even after using EAD, the depedent can still apply for H4 extension.
Guess this would be helpful for people coming in for guidance. Guys please respond, this would be helpful for other people
I hate to say this but it seems that sometimes we end up confusing ourselves and others. I was trying to find out what happens to H4 status if the dependent uses her EAD. Assuming the primary applicant is still on H1, I have come accross various posts with the following assumptions.
1. H4 is invalid and dependent cannot restore her H4 status from within the country.
2. H4 is valid but dependent has to leave the country and enter H4 to make it active.
3. H4 is invalid and dependent has to go out, apply for new H4 and get it stamped(even when dependent has valid vias on the passport) .
4. H4 is gone and the dependent can only enter on Advance Parole even though the dependent has valid H4.
The problem is a new person coming in will get scared and there is a possibility he might do the wrong thing. I have talked to an attorney a couple of minutes ago and also based on the opinion of a senior member in this forum, I am coming up with the following points.(Assumption is Primary Applicant is still on H1 working with the same employer).
1. Using EAD doesn't validate the H4. EAD is just an authorization to work (not the status) and the dependent can still maintain her H4.
2. Even after using EAD, the dependent can leave the country (with approved Advance Parole) and enter back on H4.
3. Even after using EAD, the depedent can still apply for H4 extension.
Guess this would be helpful for people coming in for guidance. Guys please respond, this would be helpful for other people
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