H4-EAD question:: Please help!

priceline

Registered Users (C)
I am on H1 and my wife is on H4. We recently got EADs. As many people suggested, I will continue to be on H1.

I have two questions about my wife's situation.

If she start working on EAD,

i) her H4 is not valid any more. I hope it doesn't affect my H1 status, Is it right?

ii) if we get any problem(140 or something else(?), what is going to happen?
a) Can she go out of country and come back on H4? or Do I have to file for new H4 and go out of country and come back on new H4?
b) Is there any other issues in using EAD?


Thanks alot.
 
priceline said:
I am on H1 and my wife is on H4. We recently got EADs. As many people suggested, I will continue to be on H1.

I have two questions about my wife's situation.

If she start working on EAD,

i) her H4 is not valid any more. I hope it doesn't affect my H1 status, Is it right?
----------- if SHE uses EAD her H4 is invalid, you remain on H1 status if YOU dont use EAD, if YOU use EAD then both will invalidate H1 and H4 status
ii) if we get any problem(140 or something else(?), what is going to happen?
------------ if I-140 gets rejected then I-485 will be denied and EAD AP will become invalid
a) Can she go out of country and come back on H4?
------------YES, if you are on H1 status
or Do I have to file for new H4 and go out of country and come back on new H4?
----------nothing to file, if she has H4 visa stamp at that time go out and enter on H4 status, if she does not have H4 valid visa stamp then she need to get new stamp and enter on H4
b) Is there any other issues in using EAD?

-------------- It seems your I-140 is still pending, if that is true then better let her use EAD when I-140 is approved and I-485 is pending more than 180 days to be safe. if you are ready to take risk then she can use EAD
Thanks alot.
 
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