Effect of EAD usage on H4 status

[deepdip]

My wife is here on an H4, and I have a 485 case pending that I plan to add her on to by the end of May (ND Dec 23 2002, concurrent EB2 in Texas, 140 approval Oct 03, my FP Jan 04).
My question is - if we use her EAD to get a Social Security No. or employment, is she automatically deemed to be surrendering her H-4 status? Can she still travel on her H-4?
Any response will be appreciated.

 

[ginnu]

Originally posted by deepdip
My wife is here on an H4, and I have a 485 case pending that I plan to add her on to by the end of May (ND Dec 23 2002, concurrent EB2 in Texas, 140 approval Oct 03, my FP Jan 04).

------ if your wife is in US on H4 then you must file her I-485, EAD AP before her H4 status or I-94 gets expired.
My question is - if we use her EAD to get a Social Security No. or employment, is she automatically deemed to be surrendering her H-4 status?
---- when she gets EAD, she can go to nearest SSN office and can get SSN#, if she gets SSN# it does not mean that she has lost H4 status by getting SSN# it does NOT invalidate her H4 status BUT if she works with EAD then she will NOT be on H4 status from the day she stars working on EAD
Can she still travel on her H-4?
----- if she got SSN# and does NOT work with EAD then she can go out of US and should be back BEFORE her H4 Visa stamp expires.
Any response will be appreciated.

 

[gcaspire1]

All,

My wife has used EAD for work and also has valid H4.
1. On going to India and returning, should she show her H4 or AP?
2.Does it even matter?
3.How will they know that she has worked?

Thanks. Any advice is greatly appreciated.

 

[ginnu]

Originally posted by gcaspire1
All,

My wife has used EAD for work and also has valid H4.
1. On going to India and returning, should she show her H4 or AP?
--- when going to India you dont show your US Visa when you come to US you show the US Visa stamp in passport, When she comes to US better she should show AP IF she again wants to work on EAD if she wants to be admited on H4 status she can enter showing H4 visa
2.Does it even matter?
3.How will they know that she has worked?
----- They have many ways to find out. for more info on how they will know, ask the USCIS officer
Thanks. Any advice is greatly appreciated.

 

[Kanadian]

if she used EAD before and now she is not working then I guess its okay to use H4 status but if she is working then she should use AP.

one more thing is once you get final interview at that time your lie will be open coz when she will come back they will put H4 entry on her passport rather than AP entry.

if she worked some where CIS will know there is no question about it.

whats the harm to use AP, I dont get it. Use H4 when coming from India and use AP at US Airport.

I am not a lawyer so take all this as suggestions.