H1B 7th year extn and EAD

[schalla]

Hi,
I am applying for 7th year extn of H1b and also have EAD.I and my wife filed I-485 and I can't apply for my daughter because of regression. Can my wife work on EAD while me and my daughter on H status? Is there a problem when family want to visit home country .Any help is greatly appreciated.

Thanks

 

[sa24]

You can be on H1 and your family on EAD. Infact you get 3 years h1 extension if your I-140 is approved.

sa24

Hi,
I am applying for 7th year extn of H1b and also have EAD.I and my wife filed I-485 and I can't apply for my daughter because of regression. Can my wife work on EAD while me and my daughter on H status? Is there a problem when family want to visit home country .Any help is greatly appreciated.

Thanks

 

[USCIS_GC_APPRO]

I don't think so.

 

[USCIS_GC_APPRO]

I don't think so.

Check with attorney.

 

[pkpkpkpk]

sa24, are you sure?

sa24, are you sure? -- I was told that this is not possible

The daughter's H4 becomes invalid when you give up your H1 -- Can someone enlighten us in this regard?

Thanks!!

You can be on H1 and your family on EAD. Infact you get 3 years h1 extension if your I-140 is approved.

sa24

 

[can_card]

The dependents will loose their H4 status, if you give up your H1 (not extending after the expiry of I-94) and started using EAD based on pending 485. This is very sure. The only exception is when you travel on AP while you are maintaining H1B status. That means, if you are working in H1B and traveled using AP without H1B visa stamp doest not invalidate your H1B status. You can still work on H1B after return from foreign travel using AP. Therfore, in your cae, do not give up H1b, just for your daughter to file 485.

 

[voldemarv]

sa24, are you sure? -- I was told that this is not possible

The daughter's H4 becomes invalid when you give up your H1 -- Can someone enlighten us in this regard?

sa24 told about different thing.
You are on H1, wife on EAD, daughter on H4 - all is ok
When you give up H1 status - all should switch to EAD.
So as far as main petitioner is on H1 status daughter is in status too.

 

[schalla]

hi,
I and my daughter want to be on H status and i am planing not to file h4 extn for my spouse .Some time back one of my friend try to use H status for him Ap for his spouse ,the officer at the port of entry told him that both need to be on one status . Any comments

 

[voldemarv]

hi,
I and my daughter want to be on H status and i am planing not to file h4 extn for my spouse .Some time back one of my friend try to use H status for him Ap for his spouse ,the officer at the port of entry told him that both need to be on one status . Any comments

No comments. I'm on H1, wife uses EAD and also got H4 extension, son turns 21 so he loose his H4 status and uses EAD. Last time he came to US on AP - no problem.

 

[eBhola]

was it a mistake by USCIS to extend H4.

No comments. I'm on H1, wife uses EAD and also got H4 extension, son turns 21 so he loose his H4 status and uses EAD. Last time he came to US on AP - no problem.

Yes thats true with one of my friend too ... we thought it might be isolated case.

My friend : H1b extended on pending 485... Has EAD but not using
His Spouse : Applied and waiting for 485(AOS), H4 and EAD ...
: Works with EAD
: Got extension 7th year extension of H4 after working for more than 2 years on EAD.

So EAD and H4 can co-exisits. (?) or was it a mistake by USCIS to extend H4.

 

[voldemarv]

Yes thats true with one of my friend too ... we thought it might be isolated case.

My friend : H1b extended on pending 485... Has EAD but not using
His Spouse : Applied and waiting for 485(AOS), H4 and EAD ...
: Works with EAD
: Got extension 7th year extension of H4 after working for more than 2 years on EAD.

So EAD and H4 can co-exisits. (?) or was it a mistake by USCIS to extend H4.

I don't think it was a mistake. She can get H4 extension and then work on EAD abandoning H4 status. In our application we clearly mention that she works on EAD.

 

[GotPR?]

I don't think it was a mistake. She can get H4 extension and then work on EAD abandoning H4 status. In our application we clearly mention that she works on EAD.

What application did you file to extend H4 while she was not on non-immigrant status ? It's not even extension as she was not on H4.
She for sure, were elibible for H4 as primary still maintain H1, however, she should go out and reenter with H4 stamp to be on H4 status.

 

[voldemarv]

What application did you file to extend H4 while she was not on non-immigrant status ? It's not even extension as she was not on H4.
She for sure, were elibible for H4 as primary still maintain H1, however, she should go out and reenter with H4 stamp to be on H4 status.

USCIS and my lawyer disagree with you . They approve extension of stay (I539) even if one work on EAD.

 

[GotPR?]

USCIS and my lawyer disagree with you . They approve extension of stay (I539) even if one work on EAD.

I-539 is change of status or extension of stay for non-immigrant status. She was not on non-immigrant status.. What status did you write in "current non-immigrant status" in I-539 ? This part should be N/A in your wife's case as she was not on non-immigrant status. Is that what you did when it was approved or you write it H4 ?

 

[voldemarv]

I-539 is change of status or extension of stay for non-immigrant status. She was not on non-immigrant status.. What status did you write in "current non-immigrant status" in I-539 ? This part should be N/A in your wife's case as she was not on non-immigrant status. Is that what you did when it was approved or you write it H4 ?

I didn't do it myself and I don't have a copy of the application at home. It's possible that I have a copy in the office, I'll check it tomorrow.