EAD to H4

[GC_091]

Hi Gurus,

Myself and my wife both are on H1 currently. We also recieved our EAD's.

Iam the primary GC processor and my wife has filed with me as a dependent. Now my wife would like to take a break from work, since she is on EAD, I guess she is legal to stay, however once she decides to start working on EAD and for some unfortunate event if my 485 is denied can she transfer her status to H4, provided I remain with my sponsoring employer on H1 untill i recieve my GC. Please advise...

Thanks a Ton!!!

 

[TheRealCanadian]

since she is on EAD, I guess she is legal to stay

She's legal to stay because she has a pending I-485. The EAD has nothing to do with it.

once she decides to start working on EAD and for some unfortunate event if my 485 is denied can she transfer her status to H4, provided I remain with my sponsoring employer on H1 untill i recieve my GC.

She'd need to leave the US and re-enter with her H4.

 

[GC_091]

She's legal to stay because she has a pending I-485. The EAD has nothing to do with it.



She'd need to leave the US and re-enter with her H4.

Hi TheRealCanadian,
Thanks alot for your response.
I have one last clarification. In an event when she needs to leave the country and enter with her H4, what would be the timing at which her H4 shud be filed for processing, should I do it now and keep it as a back-up or wait untill if this situation arises.,

Thanks Again!

 

[TheRealCanadian]

In an event when she needs to leave the country and enter with her H4, what would be the timing at which her H4 shud be filed for processing

There is nothing to file. She would leave the US and make an appointment at a consulate for a visa, then re-enter.

 

[GC_091]

There is nothing to file. She would leave the US and make an appointment at a consulate for a visa, then re-enter.

Hi TheRealCanadian,

Thanks alot for your response, your suggestions has open up a new road for me. I certianly appreciate your response.

I guess the reason she needs to just leave US and get the H4 stamped from the consulate without processing any H4 visa is because as this will be her first H4 stamping?

Thanks