experts EAD and SSN issue.

M

mastialaam

Registered Users (C)
My wife is on H4 applied for H4 extension. In between got EAD. So on EAD basics she went to local SSA (Social security office) and applied for SSN. She did not used EAD or AP. but she used SSN for drivers license. And did not have any plan to work. Is she still H4 status or already change to EAD when she applied for SSN.

Please reply.
 
Is she still H4 status or already change to EAD when she applied for SSN
----- She is on H4 status, having SSN based on EAD does not invalidate her H4 status. Once she uses EAD then she is not on H4 status, she can be again on H4 status if she goes out of US after using EAD for work and enters on H4 status with H4 visa stamp (H1 holder should be on H1 status).
 
Originally posted by ginnu
Is she still H4 status or already change to EAD when she applied for SSN
----- She is on H4 status, having SSN based on EAD does not invalidate her H4 status. Once she uses EAD then she is not on H4 status, she can be again on H4 status if she goes out of US after using EAD for work and enters on H4 status with H4 visa stamp (H1 holder should be on H1 status).
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Ginnu

I have hrd this rule about H1B Visa holders, but I am not sure if this holds good for H4 Visas too. Can you please point to any links that might refer to this issue.

your help will be highly appreciated.

dyno
 
You can search the Murthy chat and INS MEMO that was issued in 2001 and 2000, will find the same answer as I provided. If H4 holder uses EAD, H4 holder is not on H4 status, it has no effect on primary H1 holder status if he does not use EAD he remains on H1 status even if spouse used EAD. After the H4 holder spouse uses EAD, the spouse can leave US can enter on H4 status with H4 visa stamp. H4 holder after working on EAD can leave the job and can again file for H4 status in US if primary H1 holder is on H1 and H1 holder did not use EAD. If H4 holder used EAD and has valid H4 visa stamp can go out of US to any border post and can enter showing H4 visa stamp and will get I-94 based on H4 visa stamp.
 
Originally posted by ginnu
You can search the Murthy chat and INS MEMO that was issued in 2001 and 2000, will find the same answer as I provided. If H4 holder uses EAD, H4 holder is not on H4 status, it has no effect on primary H1 holder status if he does not use EAD he remains on H1 status even if spouse used EAD. After the H4 holder spouse uses EAD, the spouse can leave US can enter on H4 status with H4 visa stamp. H4 holder after working on EAD can leave the job and can again file for H4 status in US if primary H1 holder is on H1 and H1 holder did not use EAD. If H4 holder used EAD and has valid H4 visa stamp can go out of US to any border post and can enter showing H4 visa stamp and will get I-94 based on H4 visa stamp.
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Thanks Ginnu,

That was really helpful information. But how does the INS keep track if the h4 holder had used the EAD?

Suppose a person has valid H4 and works for a short period on EAD is there a way that USCIS could track this?

TIA
dyno
 
EAD to H1

I asked this question before. Can the spouse who is on H4 use EAD and later change to H1? Does it require the spouse to go outside US immediately and get a H1 visa? Or can it be done at a later date (when you travel to your home country)? Please advice.

Thanks in advance,
masti
 
I asked this question before. Can the spouse who is on H4 use EAD and later change to H1?
---- Employer should file New H1b, once get the H1b approval go out get H1visa stamped and enter on H1 status get I-94 based on H1 visa stamp

Does it require the spouse to go outside US immediately and get a H1 visa?

-----YES
Or can it be done at a later date (when you travel to your home country)? Please advice.

------ If you don’t go out and get visa stamp you are not on H1 status because you don’t have I-94 with H1 status. You cannot work on H1 status with out I-94 that state your status as H1
 
Thanks Ginnu,

That was really helpful information. But how does the INS keep track if the h4 holder had used the EAD?
----- When you use EAD, you fill up form I-9 and show your SSN. They pay check will have deduction Social security and federal tax, USCIS can track it any time
Suppose a person has valid H4 and works for a short period on EAD is there a way that USCIS could track this?
Yes they can track from SSN#, if worked on cash and no paycheck then they can’t track and it will be illegal work

TIA
dyno
 
EAD to H1

Thanks ginnu. However, is this applicable to H-4 to H-1 transfer too? I have a friend and she came on H-4. She later changed to H-1 and didn't go outside US. She got her H-1 visa aonly when she went to India. Doesn't this apply to EAD to H1 too?

Thanks in advance,
masti


Originally posted by ginnu
I asked this question before. Can the spouse who is on H4 use EAD and later change to H1?
---- Employer should file New H1b, once get the H1b approval go out get H1visa stamped and enter on H1 status get I-94 based on H1 visa stamp

Does it require the spouse to go outside US immediately and get a H1 visa?

-----YES
Or can it be done at a later date (when you travel to your home country)? Please advice.

------ If you don’t go out and get visa stamp you are not on H1 status because you don’t have I-94 with H1 status. You cannot work on H1 status with out I-94 that state your status as H1
Click to expand...
 
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