Ead Vs H4
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gc_illusion
Registered Users (C)
Yesterday 9pm to 10pm, there was a chatting session going on with Murthy ji. About 80 users logged in including me. I got a chance to ask this question - “H4 wants to use EAD while I140 is pending and If I140 gets denied, can he/she come back to H4?” She answered “YES” provided H4 is not expired. If expired then he/she has to go back to home country and stamped H4 then come back to USA.
gc_illusion said:
This looks correct to me. Think H4 is valid for 1 more year, woking on EAD and I140 is denied. The stamp on passport is valid for 1 more year. Iam not sure if we goto a different country and apply for H4 again, will they stamp the visa when there is a valid visa already in the passport?
gc_illusion
Registered Users (C)
If you have valid I94 on your H4 visa paper, then also you can come back to H4 status and no need to go anywhere.
This was one of the questions on chat with Att. Murthy (My attorney also gave me the same answer a couple days back).
Chat User : A spouse on H-4 wants to use his / her EAD while I-140 is pending. Will s/he be out of status if the I-140 gets denied and can s/he come back to H-4 again?
Attorney Murthy : As long as the H-4 status is valid, a person may maintain both the H-4 and the I-485 pending status. If the I-140 gets denied, the person will be eligible to revert to the H-4 status as long as the I-94 card has not yet expired. If the H-4 status is about to expire, the person should either file an extension or, upon the I-140 denial, should plan on traveling abroad and applying for the H-4 visa stamp at the consulate and reentering on H-4 status in order to live legally in the U.S. In such cases, it may require the person who was not on any status even for a single day to mention that s/he was "unlawfully present" in the U.S. on the visa application form at the consulate. The dual intent doctrine under law allows one to change between the H status and the I-485 pending status, and both may be valid simultaneously, so it is safest to maintain both whenever possible. These issues have been crystallized in the March 2000 and May 2000 Legacy INS Memos and may be reviewed on MurthyDotCom.
Chat User : A spouse on H-4 wants to use his / her EAD while I-140 is pending. Will s/he be out of status if the I-140 gets denied and can s/he come back to H-4 again?
Attorney Murthy : As long as the H-4 status is valid, a person may maintain both the H-4 and the I-485 pending status. If the I-140 gets denied, the person will be eligible to revert to the H-4 status as long as the I-94 card has not yet expired. If the H-4 status is about to expire, the person should either file an extension or, upon the I-140 denial, should plan on traveling abroad and applying for the H-4 visa stamp at the consulate and reentering on H-4 status in order to live legally in the U.S. In such cases, it may require the person who was not on any status even for a single day to mention that s/he was "unlawfully present" in the U.S. on the visa application form at the consulate. The dual intent doctrine under law allows one to change between the H status and the I-485 pending status, and both may be valid simultaneously, so it is safest to maintain both whenever possible. These issues have been crystallized in the March 2000 and May 2000 Legacy INS Memos and may be reviewed on MurthyDotCom.
gc_illusion
Registered Users (C)
This is the question I have asked.
n'joy.
n'joy.
bharad1 said:
..I was looking for answer to this exact question and this site has many contradictory posts on this