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Ead /h4
- Thread starter pyr_03
- Start date
you are still in h1 and you can extend your h1.
its your employers mistake to file h4 extension for your wife. once she starts using ead she is no longer in h4. remember that uscis may not know if your wife started using her ead unless it sees the w2 or checks with irs. even if uscis approves your h4 it may not be valid and dont count on that petition.
incase she needs to revert back to h4 then she can go out of country and get h4 visa based on your new h1 and enter again as h4. she cannot change to h4 after using her ead within usa. even if the h4 petitiion is approved she may not get extension of status. so in which case she may have to exit and enter again. be cautious. this may be a problem later.
its your employers mistake to file h4 extension for your wife. once she starts using ead she is no longer in h4. remember that uscis may not know if your wife started using her ead unless it sees the w2 or checks with irs. even if uscis approves your h4 it may not be valid and dont count on that petition.
incase she needs to revert back to h4 then she can go out of country and get h4 visa based on your new h1 and enter again as h4. she cannot change to h4 after using her ead within usa. even if the h4 petitiion is approved she may not get extension of status. so in which case she may have to exit and enter again. be cautious. this may be a problem later.
Originally posted by saigc
you are still in h1 and you can extend your h1.
its your employers mistake to file h4 extension for your wife. once she starts using ead she is no longer in h4. remember that uscis may not know if your wife started using her ead unless it sees the w2 or checks with irs. even if uscis approves your h4 it may not be valid and dont count on that petition.
incase she needs to revert back to h4 then she can go out of country and get h4 visa based on your new h1 and enter again as h4. she cannot change to h4 after using her ead within usa. even if the h4 petitiion is approved she may not get extension of status. so in which case she may have to exit and enter again. be cautious. this may be a problem later.
Thanks for your resp saigc.
The way it happened was my company filed my H1 & H4 extn in Oct 2003, at that time my wife was on H4. EAD/AP was approved for us in Aug’ 2003. So she took a new job with her EAD in last month.
I was wondering whether I will get any RFE for my H1B extension about her status now?.
I’m aware of the situation where she can’t revert back to H4 from EAD in US.
Do you think I can withdraw her H4 at this time? Is it possible?
Or do I need to ignore this H4.
Originally posted by saigc
you are still in h1 and you can extend your h1.
its your employers mistake to file h4 extension for your wife. once she starts using ead she is no longer in h4. remember that uscis may not know if your wife started using her ead unless it sees the w2 or checks with irs. even if uscis approves your h4 it may not be valid and dont count on that petition.
incase she needs to revert back to h4 then she can go out of country and get h4 visa based on your new h1 and enter again as h4. she cannot change to h4 after using her ead within usa. even if the h4 petitiion is approved she may not get extension of status. so in which case she may have to exit and enter again. be cautious. this may be a problem later.
Thanks for your resp saigc.
The way it happened was my company filed my H1 & H4 extn in Oct 2003, at that time my wife was on H4. EAD/AP was approved for us in Aug’ 2003. So she took a new job with her EAD in last month.
I was wondering whether I will get any RFE for my H1B extension about her status now?.
I’m aware of the situation where she can’t revert back to H4 from EAD in US.
Do you think I can withdraw her H4 at this time? Is it possible?
Or do I need to ignore this H4.
as she started using her ead after filing h4 extension you can ignore the h4 petition whether its approved or not.
remember she is no longer in h4. but she can get h4 after exit
and entry.
if there were any query on your wife status then respond that she is on adjustment of status pending and not in h4. remember ead is the work authorization and is not a status. your i485 and h1/h4 are the legal status. as long as i485 is pending you are in status whether in h1 or not.
remember she is no longer in h4. but she can get h4 after exit
and entry.
if there were any query on your wife status then respond that she is on adjustment of status pending and not in h4. remember ead is the work authorization and is not a status. your i485 and h1/h4 are the legal status. as long as i485 is pending you are in status whether in h1 or not.