H1 or H4 or EAD ?

[njusa]

I am on H1 and my wife is currently on H4, I have few queries on using EAD or H1.

1.485 Filed 7th June 07 for both me h1/ h4 (wife), Her H1 got approved recently.
Should I inform USCIS about this approval because I didnt mention anything about her past work while filing for 485?

2. Can I use EAD for my wife and can I continue to work on H1

3. Generic Question : What actually changes H1 status to EAD ? Is it Mere approval or acceptance in any form ? Do we have to notify employer / USCIS that we will be using EAD not H4 or H1 anymore ?

4.Can I use H1 visa for travelling in and out of usa and EAD for working for more than one employer ?

5.Will approval of EAD cause any issues for filing 3 year H1 extensions ?

6.My Wife got her H1 recently , will her H1 be void if EAD gets approved ?

thank you

 

[jk0274]

1. What do you mean by "her past work"? Do you mean her work as H-1B?

2. If you begin to use EAD, you will no longer be in H-1B status.

3. Mere approval of EAD does not change status. You can have an EAD but remain H-1B as long as you don't use it. How do you "use" an EAD? By updating your I-9 form with your employer (your employment eligibility form) and writing your EAD number and A# instead of your H-1B status info.

4. If you use EAD, you are no longer in H-1B status. So that visa is invalid. You must apply for advanced parole and cannot travel without it. You may be able to return as an H-1B if your employer approves you for one (via USCIS) and you return with a new H-1B visa.

5. I'm not familiar with the law on this one.

6. No, her H-1B will not be void if EAD gets approved, but will be void if she uses it to work.

 

[hariom]

njusa..I am in a similar situation

Hi njusa,
I am in a similar situation.My wife was on H4 got her H1 approved and I will be applying EAD for my wife in this month.I dont have the I-797 approval paper for her H1B yet ..just knew this from online status.Should i mention these H1 details while applying her EAD/I-485/AP?Or should I mention that she is on H4 for all practical purposes because her status changes to H1 only in October 2007?Let me know what you find out about your wife's case

I am on H1 and my wife is currently on H4, I have few queries on using EAD or H1.

1.485 Filed 7th June 07 for both me h1/ h4 (wife), Her H1 got approved recently.
Should I inform USCIS about this approval because I didnt mention anything about her past work while filing for 485?

2. Can I use EAD for my wife and can I continue to work on H1

3. Generic Question : What actually changes H1 status to EAD ? Is it Mere approval or acceptance in any form ? Do we have to notify employer / USCIS that we will be using EAD not H4 or H1 anymore ?

4.Can I use H1 visa for travelling in and out of usa and EAD for working for more than one employer ?

5.Will approval of EAD cause any issues for filing 3 year H1 extensions ?

6.My Wife got her H1 recently , will her H1 be void if EAD gets approved ?

thank you