EAD vs H4

U

udaippan

Registered Users (C)
We just got EAD/AP. My wife is on H4 now.


I have couple of questions:

1) If we apply for SSN for my wife using the EAD, does that switch her status automatically to EAD or it will change only if she decides to work?

2) If she travels out of US and comes back in using her AP, what will be her status - H4 or EAD? Does she really have to work after coming back, to maintain her EAD status? Or can one be on EAD status even without working?

I will continue to be on my H1B.

Just trying to find out if we really have to extend her H4 visa or not, hereafter. Will renewing the EAD every year be sufficient?

Please help.

Thanks,
Udai
 
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udaippan said:
If we apply for SSN for my wife using the EAD, does that switch her status automatically to EAD or it will change only if she decides to work?
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Only if she decides to work.

Does she really have to work after coming back, to maintain her EAD status? Or can one be on EAD status even without working?
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There is no such thing as "EAD" status. If she enters on her AP she is an adjustee. She is under no obligation to work, or renew the EAD, if she does not want to. The EAD or AP convey no legal status; only the pending I-485 does.
 
One more quesiton

Thanks TheRealCanadian!

Just wanted to make sure I understood this correctly - Does that mean we don't have to extend her H4 or renew her EAD ( if she does not want to work )? It is enough if we just keep on renewing her AP and have a copy of her I-485 receipt notice in hand while travelling out of/into the USA?!!

( My I-140 is already approved )

Udai
 
udaippan said:
Does that mean we don't have to extend her H4 or renew her EAD ( if she does not want to work )? It is enough if we just keep on renewing her AP and have a copy of her I-485 receipt notice in hand while travelling out of/into the USA?!!
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That's correct. If she does not intend to work then an EAD is superfluous, and the AP is only required if she wishes to travel.
 
Udaippan Ssn

Udai.. your situation is similar to me. Are you sure you will be able to apply for your wife's SSN just on her EAD. I thought our 485 need to be approved for that. My daughter who is under 14, however, will not be eligible to get SSN anyway right? Please clarify it..thanks
 
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kesab said:
Are you sure you will be able to apply for your wife's SSN just on her EAD. I thought our 485 need to be approved for that.
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The SSA will give out an SSN to any alien who is eligible to work or has a valid reason to get one. An alien with an EAD clearly qualifies.

My daughter who is under 14, however, will not be eligible to get SSN anyway right?
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Do they give out EADs to under 14s?
 
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