EAD - H1-B - H4 Visa

[ajneha]

Hello Gurus,

I have few questions re: the above "statuses" and I'm hoping that you will be kind enough to share your thoughts/experiences -

1. If a person is on a H4 visa, what happens to his H4 visa if he were to work on an approved EAD (pending I-485)?

2. In this above case, is it advisable for the person to travel using AP or H4?

3. In the same above case, can the person switch back to H-1B, after working on EAD?

Thanks in advance.

 

[belacut]

1. He will be on parole status once he used his EAD to work. The status will be changed once the AOS application reach a decision.
2. He can still travel on H4 or H1B as both H type visa has dual intent or he can use AP.
3. once H1B use his EAD, he cannot just switch it back but need to re-apply the H1B all over again (that subject to the annual cap)

 

[ajneha]

Thanks for the super-quick response Belacut. For my own clarification re: #1 -
if for some unfortunate reason, my 485 gets declined, and he is working on EAD, then what happens?

Does he go back to H-4 visa status and lose the EAD privileges? Same holds true for your above described "fresh" H-1B case?