H4, EAD and AP

[rboehliat]

Hello,
I am on H4 visa and currently working on
EAD. My H4 visa is valid for another
two years. Can I use H4 visa for entering
the country while working on EAD? I
have not applied for AP.

My spouse is on H1 visa and has not applied
for EAD or AP.

Thanks.

 

[Rsur]

In my understanding

Using EAD nullifies your H4 - which means you HAVE to use AP to travel. The fact that your husband has not used his EAD does not change your status.

 

[vijayrc]

If you have used EAD, your H4 becomes VOID., and you need an AP for re-entry..!!

 

[ar888]

If you are planning to travel outside US, you must apply for an AP and get it approved before the travel and use it for reentry. You can not use H4 for reentry as you are working on EAD.

 

[ginnu]

One can enter US on AP or on H4 staus if one has H4 Visa in the passport and will get I-94 baded on H4
See:
MEMO on H1, H4 maintaining, EAD, AP and if AOS filed


http://www.shusterman.com/hl-99regs.html

 

[ar888]

ginnu

Obviously you are referring to the second section I've pasted. But one should look in to the first paragraph.

//a dependent family member who had chosen to engage in unrestricted employment while the application for adjustment of status was pending would lose his or her H-4 or L-2 nonimmigrant dependent status. //

//(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a validH-4 or L-2 visa (if required) and the original copy of the I-797 receipt notice for the application for adjustment of status.//

2nd para doesn't say any thing about the use of EAD to work which invalidates H4. One can enter in to US by showing H4 in their passport, but that's not LEGAL when one used EAD for work and they have AOS pending which might lead to further complications (particularly at the time of stamping or interview, where you have to show both I-94 and EAD).

 

[rboehliat]

I read through the section. There could be
two interpretations of the following excerpt:
"In addition, a dependent family member who had
chosen to engage in unrestricted employment while the application for
adjustment of status was pending would lose his or her H-4 or L-2
nonimmigrant dependent status. Therefore, if the principal"

Firstly, this can mean that as soon as you
get an EAD you are out of H4.

Secondly, this can mean that you will be
on H4 even when you got EAD as loon as
your I-485 is pending. But if it gets rejected
it is not possible to get the H4 status back. The
work "would lose" above is a little ambiguous
in this sense. If instead it were "would have lost" then it would have very clearly meant that
as soon as you get EAD, the H4 is gone.

I will check with some lawyers and post my
findings. Thank you all for your replies.