H4 after I-485 rejection??

S

spam70

Registered Users (C)
Hi,

Our 485s are pending, have h1/4 current and valid EADs. My wife has a job offer and she wants to work using EAD.

My question is in the unlikely scenario of our 485s getting rejected, can she get her h4 back through my H1?

Thanks
 
spam70 said:
Hi,

Our 485s are pending, have h1/4 current and valid EADs. My wife has a job offer and she wants to work using EAD.

My question is in the unlikely scenario of our 485s getting rejected, can she get her h4 back through my H1?

Thanks
Click to expand...
She Can get back on H4. But she may have to go out of US and come back.
 
spam70 said:
Hi,

Our 485s are pending, have h1/4 current and valid EADs. My wife has a job offer and she wants to work using EAD.

My question is in the unlikely scenario of our 485s getting rejected, can she get her h4 back through my H1?

Thanks
Click to expand...
if you use ead then your wife will not get new H4.
 
fast_gc_seeker said:
if you use ead then your wife will not get new H4.
Click to expand...

This is not true. If she uses EAD, she would have to go out side US and come back with valid H4 to convert back to H4 status.
 
Related Question - What if the principal applicant who was on H1B (with his wife on H4) - goes on EAD (after filing I-9) - And later if both husband's and wife's I-485 get rejected - is there any way husband can go back on H1B?

Also my wife who was on H4 has an approved EAD status online (her EAD Card has been lost by INS and we might need to re-apply). What status is she on. Incase our I-485 get rejected what would we both have to do to be back on H1B and H4 status? Is it possible?

Thanks
 
Aakash28 said:
Related Question - What if the principal applicant who was on H1B (with his wife on H4) - goes on EAD (after filing I-9) - And later if both husband's and wife's I-485 get rejected - is there any way husband can go back on H1B?
Click to expand...
Yes. Procedure for h1,h4 who used EAD is same. Going out side US, coming back with valid H1,H4 to get back on h1,h4 status from EAD.

Aakash28 said:
Also my wife who was on H4 has an approved EAD status online (her EAD Card has been lost by INS and we might need to re-apply). What status is she on. Incase our I-485 get rejected what would we both have to do to be back on H1B and H4 status? Is it possible?
Thanks
Click to expand...
She is on h4 as she hasn't used EAD to work.
 
Aakash28 said:
Also my wife who was on H4 has an approved EAD status online (her EAD Card has been lost by INS and we might need to re-apply). What status is she on. Incase our I-485 get rejected what would we both have to do to be back on H1B and H4 status? Is it possible?

Thanks
Click to expand...

If the primary has used EAD H4 is gone automatically. Both of you need to leave US and come back with new I-94.
 
tammy2 said:
If the primary has used EAD H4 is gone automatically. Both of you need to leave US and come back with new I-94.
Click to expand...

If you go to canada and re-enter US, new I-94 won't be issued. However that wouldn't be a problem as far as one has left the country (US) and come back on valid h1, h4.
 
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