H1, H4 and EAD issue

F

ferguson

Registered Users (C)
I entered US on an H4 visa, and got H1B approval effective October 1, 2007. However, I have not yet started working (though I got my SSN# on the basis of the H1B approval notice)
In the meanwhile, I have also got my EAD and Advance Parole.
I am planning to visit India next month.

Question:

What is my current status, H1B, H4 or EAD?
Do I need to get my H1B stamped in India or can I just come back on H4 and use EAD to start work later?

Gurus- any advice will be appreciated.
 
ferguson said:
What is my current status, H1B, H4 or EAD?
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None of the above. You are an adjustee since your H1 status was violated by not working for several months.

Do I need to get my H1B stamped in India or can I just come back on H4 and use EAD to start work later?
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I wouldn't hold out much hope for the H1 stamp since you have not been working. I'd return on either the H4 or AP.
 
Thank you sir for your prompt attention.


One more follow-up question, is my H4 still valid? Isn't it safer to return on H4 than on adjustee?
 
If you come back on H4 you shouldn't immediately start working with EAD. That would be fraud. In that case come back with AP. If you enter on H4 and wait a month or so, its ok if you use your EAD. You just shouldn't enter on a H4 with the intent to immediately leave that status. Entering with AP is safe as long your underlying I-485 isn't going to be denied.
 
Correct - if you intend to work in the future there is no need of H-4. As a parolee your status will be preserved and you may use the EAD to work.
 
My wife is in a similar situation.Her H1b is effective oct 2007.But Even before her H1B was effective she applied for AOS (as a derivative) of my AOS petition and got EAD and AP.If her H1B employer withdraws the H1B petition , will she fall back to H4 or Adjustee or worst of all..be out of status?We will be travelling soon outside the country and plan to return on AP.
 
hariom said:
My wife is in a similar situation.Her H1b is effective oct 2007.But Even before her H1B was effective she applied for AOS (as a derivative) of my AOS petition and got EAD and AP.If her H1B employer withdraws the H1B petition , will she fall back to H4 or Adjustee or worst of all..be out of status?We will be travelling soon outside the country and plan to return on AP.
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If she has pending I485 she will be OK and can travel and come back with valid AP whatever her H status will be.
 
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