EAD: to use or not to use?

E

eb1_VSC

Registered Users (C)
This is a big question we are facing.

We recently submitted our 140/485 concurrently in OR category. My wife applied for her EAD card. She is currently in H4. What are the consequences of using EAD card when she receives it? What happens in the case 140/485 do not get approved? If she wants to get back to H4, does she have to leave the country to apply for H4?
 
eb1_VSC said:
This is a big question we are facing.

We recently submitted our 140/485 concurrently in OR category. My wife applied for her EAD card. She is currently in H4. What are the consequences of using EAD card when she receives it? What happens in the case 140/485 do not get approved? If she wants to get back to H4, does she have to leave the country to apply for H4?
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There is a discussion in the "bad news coming" thread about this issue. As far as I know in the case your 140/485 do not get approved your wife has to leave the country to reapply for H4.
 
Pls reply

My wife will be receiving her EAD card soon. From other posts, I learned that using EAD voids the H4 status. What happens if she gets it and doesn't use it?

Thanks,


PS: Sorry to bother you all. I have a lawyer for labor certification. On the other hand the University is processing the OR application by themselves. Neither the lawyer nor the person handling OR application doesn't respond to my questions timely.
 
H4/ead

Well I don't think so just getting EAD voids H4 status.
H4 person can't work but EAD will allow one to work.
Once you use EAD for work your H4 status is void.
You then work owing to pending status change application.
& if one looses job then he/she is not out of status
but if I-485 is denied then........he/she needs to get back to home country to get back in status such as H4.
 
Last edited by a moderator:
My wife will be receiving her EAD card soon. From other posts, I learned that using EAD voids the H4 status. What happens if she gets it and doesn't use it?


As long as she doesn't use the EAD (or the Advance Parole, if she gets it), the H4 will remain valid.

S
 
EB1Doc's message

Once you use EAD for work your H4 status is void.
You then work owing to pending status change application.
& if one looses job then he/she is out of status and needs to get back to home country to get back in status such as H4.

This is incorrect. Once the EAD is used, the H4 is void. Then, the EAD can be used as needed. The status will stay as "AOS" and won't be affected until something happens to the 485. So, one can use the EAD for a few months, stop working, and continue afterwards. The only time the person needs to go back to home country is if the 485 is denied.

S
 
sisukapalli said:
Once you use EAD for work your H4 status is void.
You then work owing to pending status change application.
& if one looses job then he/she is out of status and needs to get back to home country to get back in status such as H4.

This is incorrect. Once the EAD is used, the H4 is void. Then, the EAD can be used as needed. The status will stay as "AOS" and won't be affected until something happens to the 485. So, one can use the EAD for a few months, stop working, and continue afterwards. The only time the person needs to go back to home country is if the 485 is denied.

S
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OppS! i wanted to say same but skipped that point of denial of I-485.Thanks!
 
When I talked to the international office in the UNiversity, He told me that I can use EAD to work. In case of I485 denial, I can reapply for H1( in your case, H4). From what I understand, you don't have to leave the country.
Anyone have any comment about this?
 
Its interesting issue!
gradution 2003 (thread bad news coming) after consulting lawyers says you don't have to!
may it was misconception that we need to go back!
anyone amg reader had different experience on thsi issue????
 
eb1doc said:
Its interesting issue!
gradution 2003 (thread bad news coming) after consulting lawyers says you don't have to!
may it was misconception that we need to go back!
anyone amg reader had different experience on thsi issue????
Click to expand...
This information is correct but if you have used Advance payroll to reenter US after using EAD then you will have to leave the country to get H visa stamped
 
eb1doc said:
Its interesting issue!
gradution 2003 (thread bad news coming) after consulting lawyers says you don't have to!
may it was misconception that we need to go back!
anyone amg reader had different experience on thsi issue????
Click to expand...


A problem I know is that if you worked on H-1B, then EAD and your I-485 gets denied and you want to go back to H-1B you have to apply again for a new H-1B and obviuosly there might than be the problem of the limited numbers of available H-1B based on the H-1B cap which might force you to leave the country.
 
Well Agree!
As i am at UNiversity I know one case wherein I-485 of colleauge was denied and his wife who was using EAD had to go back to H4 stutus without leaving country. following points
1.They both didn't leave US all thruout.
2. They didn't use AP at all.
3. He was maintining H1B status
4. He was not using EAD/AP.
5. She used EAD.
Well, it is possible for univ as they i beleive don't have H1b Cap also.
 
NIWGC2005 said:
Well Agree!
As i am at UNiversity I know one case wherein I-485 of colleauge was denied and his wife who was using EAD had to go back to H4 stutus without leaving country. following points
1.They both didn't leave US all thruout.
2. They didn't use AP at all.
3. He was maintining H1B status
4. He was not using EAD/AP.
5. She used EAD.
Well, it is possible for univ as they i beleive don't have H1b Cap also.
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Hi, NIWGC2005,

Did they appeal I-140? If yes, did she still work using EAD and did she ever renew her EAD during appeal? Thanks much.
 
graduation2003 said:
Hi, NIWGC2005,

Did they appeal I-140? If yes, did she still work using EAD and did she ever renew her EAD during appeal? Thanks much.
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yes, They did appeal
but she is not working now.
they didn't renew their EAD (to save money..thats what they said).
both are now on H VISA.
 
NIWGC2005 said:
yes, They did appeal
but she is not working now.
they didn't renew their EAD (to save money..thats what they said).
both are now on H VISA.
Click to expand...

NIWGC2005, I sent your a PM. Please check.
 
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