My wife is now with H4 and she has an EAD based on a pending 485 (I am the primary applicant). If she uses EAD to work, will this invalidate her H4 automatically? If yes, will this invalidate my H1 automatically? I consulted this issue with several lawyers, and believe, they gave totally different answers! Would you guys share some thoughts?
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H4 and EAD issues
- Thread starter sulingli
- Start date
sulingli said:My wife is now with H4 and she has an EAD based on a pending 485 (I am the primary applicant). If she uses EAD to work, will this invalidate her H4 automatically?
NO, She will still be in H4 as long as you maintein your H1B Status & She does not use AP to reenter USA anytime.
If yes, will this invalidate my H1 automatically?
Your H1B only get invalidated if you use EAD yourself OR use AP to enter USA
I consulted this issue with several lawyers, and believe, they gave totally different answers! Would you guys share some thoughts?
eb1or_aug05
Registered Users (C)
AFAIK her H4 is invalidated when she starts using her EAD (by virtue of filing I9). She'll then be on AOS (Adjustment of Status), while you'll remain on H1B.
I might be wrong, please take the majority opinion from the lawyers!
Do you mind posting what the different lawyers told you?
I might be wrong, please take the majority opinion from the lawyers!
Do you mind posting what the different lawyers told you?