Guru's Help Please

[TheRealCanadian]

My attorney said that it is better to apply for H4 extension and keep the status before start using EAD.

Why? The instant she starts working, the H4 is toast.

So you mean to say that if uses EAD for job, it is not going to affect her H4 extension process.

USCIS probably won't notice and they'll approve the H-4, but it will be meaningless and of no value.

 

[TheRealCanadian]

For example, her AOS gets rejected or say EAD extenion rejected, you can apply for her H4 that time.

There's a number of problems with this. First, if an EAD is rejected that has no effect on the H4 holder's status in the US. Second, if he or she's working on the EAD and the AOS gets rejected, there is no way to apply for H-4 status within the US. The H-4 holder needs to exit the US and re-enter.

But to safe side, I always keep extending her H4 and use EAD at the same time.

Doesn't the I-539 ask if the alien has been employed? How do you answer?

 

[SAI_GIVE_GC2005]

Thanks RealCanadian. I do not know why my attorney suggested this. I told them she is going to use EAD. But still they suggested this. I am not going to wait anymore, as it has no use if we EAD. I am going to apply SSN for her next week.

Thanks for all your help

Why? The instant she starts working, the H4 is toast.



USCIS probably won't notice and they'll approve the H-4, but it will be meaningless and of no value.