H4 and use of EAD

[linux1112000]

I'm on I485 adjustment status and working on H1B. My wife has EAD and on H4 status as well. I'm the primary applicant. We never used EAD. She would like to start working using her EAD.
I understand if she uses her EAD then her H4 status will be invalidate. My question is: If she uses her EAD then would my H1b invalidate as well even though I would not use my EAD?

 

[hopeofgc]

My question is: If she uses her EAD then would my H1b invalidate as well even though I would not use my EAD?

NO

 

[LaborBadhi]

I understand if she uses her EAD then her H4 status will be invalidate.

Per my attorney EAD is just authorize to work and H4 is a legal status. Both are independent.

 

[linux1112000]

I know your H1b/h4 will invalidate if you use EAD but i don't know if spouse uses EAD.

 

[compass]

Per my attorney EAD is just authorize to work and H4 is a legal status. Both are independent.

Wrong.
If you HAVE both H-4 and EAD (in your pocket), you are fine and you are in H-4 status.
When you START using your EAD, you loose your H-4 status, and you to not get it automatically (even if it not expired) if you STOP using EAD.
Loosing H-4 status by derivative this way does NOT effect primary H-1, primary can continue work under H-1 (I did it for several years while my spouse and kid were using EADs).
Reverse is not true: if primary swiches from H-1 to EAD, then derivative's H-4 will be invalid (but derivative will still stay in legal "AOS" status, if I-485 is pending).

 

[LaborBadhi]

Wrong.
If you HAVE both H-4 and EAD (in your pocket), you are fine and you are in H-4 status.
When you START using your EAD, you loose your H-4 status, and you to not get it automatically (even if it not expired) if you STOP using EAD.
Loosing H-4 status by derivative this way does NOT effect primary H-1, primary can continue work under H-1 (I did it for several years while my spouse and kid were using EADs).
Reverse is not true: if primary swiches from H-1 to EAD, then derivative's H-4 will be invalid (but derivative will still stay in legal "AOS" status, if I-485 is pending).

OK. I have a small question, EAD is a status or only work authorization?

 

[dms]

OK. I have a small question, EAD is a status or only work authorization?

EAD is an authorization to work - not a 'status'. However, the issue here is that H4 is a status, but one that prohibits working. Therefore, as soon as one uses the EAD to work they have violated the H4 status and as such lose it.

 

[compass]

EAD is an authorization to work - not a 'status'. However, the issue here is that H4 is a status, but one that prohibits working. Therefore, as soon as one uses the EAD to work they have violated the H4 status and as such lose it.

Exactly!

If (while pending I-485) you have:

H-1 - then you have H-1 status and also work under H-1 (employee specific); you can travel using H-1 stamp if you have such;

H-4 - you have H-4 status, and no permission to work, you can travel with H-4 stamp;

EAD - since you start working, your status as H-4 (or H-1 as in my case) is lost and you will then be in AOS status; you have the permission to work under EAD (for any employer), and you must use AP for travel in this case.