Ead Vs H4

A

ABT

Registered Users (C)
Hi Nanshi..and all Guru's, please suggest:

My wife would like to use her EAD while my I-140 is still pending.

Q1: Will she be out of status if my i-140 is denied (ND 10/07/03)?

Q2: After she starts using her EAD, can I still go ahead and file for her H4 visa extension (expiring 09/04) on basis of my H1(expiring 09/04, but I am applying for extension)?

I am keeping my H1b status, but worried what happens to her status in case if she uses her EAD and my I-140 is denied.

Thanks in advance.
 
ABT said:
Hi Nanshi..and all Guru's, please suggest:

My wife would like to use her EAD while my I-140 is still pending.

Q1: Will she be out of status if my i-140 is denied (ND 10/07/03)?
>>>YES

Q2: After she starts using her EAD, can I still go ahead and file for her H4 visa extension (expiring 09/04) on basis of my H1(expiring 09/04, but I am applying for extension)?
>>NO. Once she use EAD, she loses her H4 status. Both cannot go together.

I am keeping my H1b status, but worried what happens to her status in case if she uses her EAD and my I-140 is denied.
>> If your I-140 is denied she will have to go outside the country and get new H4 stamp
.
Thanks in advance.
Click to expand...
 
sertra2002..

My wife was initially here on h4 then changed to h1 and then after we got EAD, she is working on EAD for the new company but her previous employer is still holding the h1 meaning he did not cancel it.

If my 140 is denied, can my wife work on her h1 again or does she have to leave teh country and come back on h4?

Please advise!!!!
 
sertra2002,

What if the H4 is already stamped on the passport. Would the H4 still be valid? Or will she have to exit and enter the country again, generating a new I-94?

Thanks!
 
My friend applied for I-140, I-485, EAD and AP in Oct 2003. I-140 and I-485 still pending. EAD and AP approved in Dec 2003 for him and his wife. His wife was on H4 (stamped) and she used EAD in March 2004 for job but got laid-off only in 3 weeks. My friend is still working on H1-B.
Is she out of status and need to re-apply for H4 visa or her H4 is still valid even though she used EAD for 3 weeks.
 
Hello All,

I read in the forums that one can't be on both the statuses at the same time, which I mean to say H1/H4 and EAD. If you use EAD, you will loose H1/h4 status immedietly.

But how does INS or BCIS will know about that he/she used the EAD?
I know one way if someone leaves the country and on the way back if they use AP.

Can anyone throw some light on to this.

Tnks.
 
There is noway of knowing unless there is any RFE for your paystubs or tax returns or a letter to confim your employment (which is common during 485 status).
Every body know, hiding (or lying) is a crime and subjected to deport.

ABT, Your case is not real problem. If your wife uses H4, incase your 140 denied, she may have to leave the country and get H4 stamped(Provided you are on H1 status) in your home country.
R
 
Last edited by a moderator:
Hi All,

I have two years of H1 and I applied GC from my company.
My I140 is pending.
My wife's 6 years H1 is getting over in next two months.
Can she convert into H4 status as I have 2 years H1 status until the GC is approved?
Or should she use EAD.
Any suggestion is appreciated.

Thanks
RD: 09/22/03
Concurrent - I140 , I485 pending
FP done on May 8th 2004.
EAD and AP not approved but have temp EAD until this year end.
 
ABT said:
But how does INS or BCIS will know about that he/she used the EAD?
Click to expand...

Before starting to work with EAD a person is supposed to report to the SSA and have the INS restrictions removed on current SS number or apply for a new SS number.

If they dont do so and their prospective employer does a background status check and report the descripancy they would be in trouble.

My 2 cents...

-----
Sekharnet
Original Labor
EB3 RIR
RD 10/23/03
EAD/AP 12/05/03
I140 waiting..
 
sekharnet,
My wife got her SSN with restriction once she got her EAD and applied for SSN. She started working on EAD recently and we didn't informed to anybody.
I am assuming that one can get rid off the restriction on SSN once they get their GC but not with EAD.


Gurus, correct me if am wrong.

vasgaddam
EB3/RIR (NSC)
 
octFiler said:
My wife was initially here on h4 then changed to h1 and then after we got EAD, she is working on EAD for the new company but her previous employer is still holding the h1 meaning he did not cancel it.

If my 140 is denied, can my wife work on her h1 again or does she have to leave teh country and come back on h4?

Please advise!!!!
Click to expand...
She has to go out of USA. Get appropriate visa(H1 or H4) stamped and re-enter in USA.
 
bharad1 said:
sertra2002,

What if the H4 is already stamped on the passport. Would the H4 still be valid? Or will she have to exit and enter the country again, generating a new I-94?

Thanks!
Click to expand...
She has to leave USA.
 
anujsingla said:
My friend applied for I-140, I-485, EAD and AP in Oct 2003. I-140 and I-485 still pending. EAD and AP approved in Dec 2003 for him and his wife. His wife was on H4 (stamped) and she used EAD in March 2004 for job but got laid-off only in 3 weeks. My friend is still working on H1-B.
Is she out of status and need to re-apply for H4 visa or her H4 is still valid even though she used EAD for 3 weeks.
Click to expand...
No, she is not out of status.
 
gc_illusion said:
Hi,

I am with ABT. I have the same question, how INS is going know he/she used EAD?

Please advise.

Thanks
Click to expand...
Cause you mention your visa numbers in your 485 applications.
 
vasgaddam said:
sekharnet,
My wife got her SSN with restriction once she got her EAD and applied for SSN. She started working on EAD recently and we didn't informed to anybody.
I am assuming that one can get rid off the restriction on SSN once they get their GC but not with EAD.


Gurus, correct me if am wrong.

vasgaddam
EB3/RIR (NSC)
Click to expand...
What restriction?

She can go to local SSN office and get it corrected - get it done. You have to fill one form and wait 30 min - that is all. She will get another card with same SSN and restriction removed.
 
vasgaddam, gc_illusion
INS/BCIS/USCIS/CIS receives the intimation of work based on EAD by your spouses applying for SSN based on EAD or modifying the restriction category based on EAD.

There is no seperate form for informing immigration of the work based on EAD.
After the reigm of BCIS every info is centralized.
 
There are different restrictions used by SSA.
Student : Not valid for work in USA
Visitor : Not valid for work in USA
( Beleive me IL and IOWA issue SSN for Visitors in some SSA office's)

Now I may be wrong but I beleive the work authorization type and validity duration of the authorization are noted in the SSA and restrictions are categorized based on the type. When I said remove the restrictions I meant it for SSN's of persons who are not authorized to work in USA.
 
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