EAD & H1 STATUS !!!

D

dle

Registered Users (C)
Please Help !
when u apply for EAD, does ur H1 status automatically expires ?
some say H1 expires as soon as u apply for EAD,
some say H1 expires after u get the reciept notice of EAD,
some say H1 expires after EAD is approved and
others say H1 expires only if use it to work.

I am not sure which is correct.

Also, I guess the above question also answers my next question
which is - Can spouse come on an H4 visa after EAD is applied for the H1 visa holder.

Thanks much in advance !
 
Last edited by a moderator:
H1 expires on the expiry date mentioned in the approval/visa.
H1 is invalidated when you file I-9 with the employer quoting EAD.
H4 is valid as long as H1 is valid.
 
Thanks Jaxen !!!

so, from ur answer -
even after we apply for EAD and get it, we can travel on H1 (no AP reqd) and spouse can come on H4.
Please correct me if i am wrong.
Could you please explain filing I-9 with the employer quoting EAD ?

Thanks again !
 
1. if you work on EAD then you fill up a form with employer that is I-9 and you are no more on H1

If you got EAD and not used,and still working on H1B you can enter on H1B if you have valid H1B visa sticker in your passport
getiing EAD and using EAd are diffrent
H4 is valid till H1B is valid, if your spouse has H4 valid visa sticker on passport she can come on H4 if H4 is expired then she should get new H4 based on your H1b validity.
 
Child's AP required?

Hi,

I have applied for I-485, EAD and AP for my self, My wife and my 3 yr. old Kid.
Now as I cam to knwo that my company is not doing good and may be they will give us a salery reduction.
In this situation I want to sent my Child to India with my Parents for at least a year or more.

1.Can he stay in India for that longf time? My lawyer said that he should not stay more then 5 months.

2. I have a Valid H1 till Nov 2003 that mean my wife and kid still haev H4 till that date.Then Does my child need AP to travel and come back in Nov or is there any reswtriction? Does this travel affect on his !-485 processing?

3. After GC, Can I send my kid to India for studies ? how much can he stay out side of country in a calander year?

4. I have heard that if once any body out of us three(me, my wife adn kid) once utilise EAD to do work in US then all of us need valid AP to enter back to US. Is that correct? even for my child ?

Please replay on this as I tried to search lot of web sites and forum contents but I could not fing answers to these questions.
Thanks
 
You must log in or register to reply here.
Top