EAD - H4 invalidation problem

P

penmiami

Registered Users (C)
Using EAD - H4 invalidation problem

Hi,

I am on H1 and my wife has H4 (we dont have visa, since we did'nt go to India for a long time). I got layed off. I got a new job and planning to work on EAD (they are not sponsoring H1).

What happens to H4 for my wife? does it gets invalidated automatically as I used EAD

This is killing us and we are losing our sleep because of these problems. Please suggest me on what I should do. Should I not take the new job now.
 
Last edited by a moderator:
penmiami said:
Hi,

I am on H1 and my wife has H4 (we dont have visa, since we did'nt go to India for a long time). I got layed off. I got a new job and planning to work on EAD (they are not sponsoring H1).

What happens to H4 for my wife? does it gets invalidated automatically as I used EAD
If she goes to India can she get H4 visa. (I have recent employement letter and Dec pay stubs on H1B, interview date in Chennai is at Feb 21, 2007.) How recent pay stubs need to be? Is it ok to go for H4 stamping while I am working on EAD?
Will she get H4?

In case she got H4 visa. Later if we both go to India and while returning can I use AP and my wife H4 visa to reenter?

This is killing us and we are losing our sleep because of these problems. Please suggest me on what I should do. Should I not take the new job now.
Click to expand...

If you use EAD, then H-4 will automatically abandoned.
 
Using EAD - H4 invalidation problem

Today I had applied I485, I765 and AP for my wife. I had written an affidavit explaining that I lost H1 job and was on EAD now. So please accept my wifes I485 application which will be the only way to keep her on status. Visa number is not available on the priority (may 20 eb3) I had applied for GC. Please let me know your thoughts/experience on whether USCIS will accept my wifes 485?

I plan to work (may be temporarily) on EAD. Can I use EAD and can come back to my old company where I had H1 and work on H1 later?
 
I think you will have to maintain your H1 status for your wife to have H4 status. They will return your wife's 485 if your priority date is not current.
 
I had called USCIS and explained this problem. The USCIS representative said that I can file my wifes I485 application.
Does any one have any experience on doing something on what we hear from them on call and seems to be the wrong way?

Even though I had now applied for her I-485, I am still thinking on whether to take the risk?
I plan to quit the new job if my wifes I485 was returned. Can I work on EAD and then come back and work on H1 status.
 
I don't think you can go back to H1 status if you work on EAD. I have an I-485 pending and decided not to renew my H1 status and just continue to work on EAD instead. Recently I thought that was probably not a good thing to do, and asked my attorney to see if I could go back to H1 status. This is what she wrote:
You can't change your status to H-1b. You'd have to get the H petition
approved, and then get the H-1b visa in your passport, and re-enter the
US in H status.

You may want to consult an attorney as to what your options are.
Best of luck
 
Last edited by a moderator:
If you go to this site's home page top, there is a link to the recent memo. If you are qualified for AC21 you can get H1 extension no matter what ie whether you are in the country or not, whether you discontinued your H1 status etc. All you have to do is to find one employer who will file H1 extension for you.
 
penmiami said:
I had called USCIS and explained this problem. The USCIS representative said that I can file my wifes I485 application.
Does any one have any experience on doing something on what we hear from them on call and seems to be the wrong way?

Even though I had now applied for her I-485, I am still thinking on whether to take the risk?
I plan to quit the new job if my wifes I485 was returned. Can I work on EAD and then come back and work on H1 status.
Click to expand...

There is a new memo out there i cant remember the number , you can stay on both statuses without jeopardizing any of the statuses. i.e you can stay in H1/h4 and at the same time you can maintain your 485/EAD. Only thing is you will we working in H1 status. When entering the country also you should use H1/H4 ( the officer at POE ) will make sure he enters H1 as the class ( since they have a memo that says if the alient presents both documents they have to allow the alient using the H class rather than the other one).

The rep at USCIS was wrong you cannot file your wife's 485 now since there is a backlog. YOU CAN ABSOLUTELY WORK ON EAD And come back on to H1. If anybody says no then they are ignorant. I just got back to H1 after staying on EAD for 2 years and my original h1 expired two years ago. So i got a fresh h1 ( i-140 approved and 485 pending for more than 3 yrs) and got stamped too. So go get your self a job on EAD. May be its good idea for your wife to go home for some time until you are back on H1.

BTW i am assuming your H1 is still valid, why dont you find another employer who can file for your H1. Worst case you could move to another employer using your EAD and then move back on to H1 with them when they file for your H1 transfer. Should be an easy case. I quoted here from personal experience, it might be different for others.. so please use caution when takng this advice

good luck
 
Last edited by a moderator:
kris7077 said:
YOU CAN ABSOLUTELY WORK ON EAD And come back on to H1. If anybody says no then they are ignorant. I just got back to H1 after staying on EAD for 2 years and my original h1 expired two years ago. So i got a fresh h1 ( i-140 approved and 485 pending for more than 3 yrs) and got stamped too. So go get your self a job on EAD. May be its good idea for your wife to go home for some time until you are back on H1.
Click to expand...
CIS made it very clear that those who used AP can get back to H1 status by filing H1 extension, however, they did not clarify the case one is working under EAD.
Working EAD will put you in the air between non-immigrant and immigrant status, and getting back to H1 under such circumstances w/o travelling is 50/50 chance. Remember change of status is valid between non-immigrant status'.
Some people gets approved, some people gets denied.
 
Last edited by a moderator:
You must log in or register to reply here.
Top