EAD/H-4 status question

I

immi_09

Registered Users (C)
Hi
My wife will start working on EAD from tomorrow. Till today she is on H4 status (H4 filed is pending extension). I know if she uses EAD, she loses H4 status. (Correct?!) What happens for whatever reason my i-140 gets denied and our EAD gets cancelled. I'm still on H1. Will she be out of status the day I-140 and EAD get denied? (if that happens!) Will I have some lag time when I can file for her H4 again to keep her on status i case our EAD's get cancelled?

Please reply as this will decide if she is going to start working or not!

Thanks very much!
 
automatically on h4 again...

If ur 140 is denied, the EAD will also be revoked so she will automatically fall back on H1. You will have to file for H4 extension again if the I94 attached to current H4 is expired. That part is very easily handled if the primary applicant maintains his/her H1 validity.

will_get_there
 
immi_09 said:
Hi
My wife will start working on EAD from tomorrow. Till today she is on H4 status (H4 filed is pending extension). I know if she uses EAD, she loses H4 status. (Correct?!) What happens for whatever reason my i-140 gets denied and our EAD gets cancelled. I'm still on H1. Will she be out of status the day I-140 and EAD get denied? (if that happens!) Will I have some lag time when I can file for her H4 again to keep her on status i case our EAD's get cancelled?

Please reply as this will decide if she is going to start working or not!

Thanks very much!
Click to expand...

She will be out of status and needs to go out of USA within 180 days to avoid bar on entry. She will have to visit to US consulate in home country and get H4 stamped again. Hope it helps.
 
You are absolutely wrong. His wife will lose H4 status when she starts to use EAD. How can she fall back on H4 if the I-140/I-485/EAD/AP get denied? If the worst thing happens(I-140 denied), She will have to go out of U.S. and apply for H4 based on the primary applicant's H1.

will_get_there said:
If ur 140 is denied, the EAD will also be revoked so she will automatically fall back on H1. You will have to file for H4 extension again if the I94 attached to current H4 is expired. That part is very easily handled if the primary applicant maintains his/her H1 validity.

will_get_there
Click to expand...
 
immi_09.

does she have a valid h4 stamping date on the passport?
if she has a valid h4 stamping on the passport,
say till end of Dec 2004, she just have to travel outside country(get visitor visa to Canada) and then enter US, get a new I-94 based on the duration of visa stamping on the passport.
The visa officer will give the I-94(till dec 2004) based on the validity of h4 visa stamping dates.
now she is back to H4 status in the country.

else

if she dont have valid h4 stamping dates on the passport,
ie the dates are expired then do the samething above(go to canada and reenter US), but this time you have to get a new H4 stamping in Canada before you enter US. you can get a new h4 either in india or canada or mexico.

Once she is back to h4 status, then based on your h1 valid dates, she can renew her h4 without going outside the country.
 
See the below question and the answer given by Shil Murthy. The source is from link - http://www.murthy.com/chatlogs/chat0517.html. This question is asked by myself as I am in the situation. Hope this helps. Thanks

Chat User : A spouse on H-4 wants to use his / her EAD while I-140 is pending. Will s/he be out of status if the I-140 gets denied and can s/he come back to H-4 again?

Attorney Murthy : As long as the H-4 status is valid, a person may maintain both the H-4 and the I-485 pending status. If the I-140 gets denied, the person will be eligible to revert to the H-4 status as long as the I-94 card has not yet expired. If the H-4 status is about to expire, the person should either file an extension or, upon the I-140 denial, should plan on traveling abroad and applying for the H-4 visa stamp at the consulate and reentering on H-4 status in order to live legally in the U.S. In such cases, it may require the person who was not on any status even for a single day to mention that s/he was "unlawfully present" in the U.S. on the visa application form at the consulate. The dual intent doctrine under law allows one to change between the H status and the I-485 pending status, and both may be valid simultaneously, so it is safest to maintain both whenever possible. These issues have been crystallized in the March 2000 and May 2000 Legacy INS Memos and may be reviewed on MurthyDotCom.
 
what about a valid I94

Sheela Murthy has cleared it that working on EAD does not completely invalidate the H4 status. When EAD is gone and H4 approval notice still is not expired and so is the I-94 attached to that approval notice, in that case the person is still in status and there is no need to leave the country to get new stamp or new I-94 whatsoever. '

Can we conclude this from this discussion ??

will_get_there
 
EAD and H1

I have a question on the same lines about mt wife's EAD and her H1.

My wife is working on H1 for a company right now. Infact the H1 is still pending as was applied in Feb 04. So it might come any time soon.

We are about to get our EAD and AP soon. She wants to switch to a better job by using her EAD as h1 sponsorship is always a hastle. She was on F1 visa before the H1 and does not have a H visa stamp in her passport.

Now the question is:-
- If she uses her EAD while I being on H1 what will happen if my 140 gets denied for any reason.
- Does she loose her H1 (which is still pending) as soon she uses her EAD and become out of status?
- Can she get back to H1 if 140 is denied.
- will she have to apply for a new H1 by going to the home country.

How will this senario work? please let me know.

Thanks a lot.
 
Ead/h4 ?

I came across this below stuff in the forums. I guess using the EAD on H4 is little tricky. Seems like H4 status is no longer valid once start working on EAD.

Chat User : Does getting an SSN on receipt of EAD invalidate the H-4 status?

Attorney Murthy : The H-4 status is invalidated when one works on the EAD for an employer since the H-4 is a non-working status. Merely obtaining an SSN does not generally invalidate the H-4 status, since a person may choose to travel abroad and reenter the U.S. on H-4 status even after obtaining the SSN as long as one does not work on the EAD.
 
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