H4 & EAD

G

green04

Registered Users (C)
My wife come to US in H4 visa (stamping expired now). She got her extension approved (I-539) until Sep'06.

She is working using EAD now. She is planning to go India in Jan'06. She is already having AP with her.

Is she still can go for H4 stamping in abroad, since she got her extension(I-539) approved and enter US using H4 and resume her work using EAD ?

I know she can use AP to come back, but we want to maintain H4 status just in case...
 
The only advantage is, once she gets the stamping in her PP, then she can go and come back to US anytime until it expires... (don't worry about AP)

That's why.
 
green04 said:
The only advantage is, once she gets the stamping in her PP, then she can go and come back to US anytime until it expires... (don't worry about AP)
Click to expand...

But if she uses the EAD the H4 visa stamp immediately becomes void.
 
Green04, once you start using EAD you lose your H status. So your wife has to use AP to enter into US. She will not be able to maintain both status (EAD and H4) at the same time.
 
Even I had some what similar question. But in my case my wife may not have AP when she travels in Decemeber 2005. But she is already using EAD.
In that case can we get her H4 visa stamped in India, and enter USA using H4 stamp.
Would this casue any problem to continue work on EAD, doesnt' matter if her H4 status goes void afetr that, bcoz we have applied for AP and it will come thru later.

But just wanted to know if this is possible, that one can get h4 stamped even though have EAD in USA and use H4 just for travelling purpose. In that case would it jeopardise EAD status.

Please please let me know.

Also one morething, i got answer in this forum and she can do the above, but my lawyer says otherwise thats why raising this question once again.

thanks,
 
babyluck said:
Even I had some what similar question. But in my case my wife may not have AP when she travels in Decemeber 2005. But she is already using EAD.
In that case can we get her H4 visa stamped in India, and enter USA using H4 stamp.
Would this casue any problem to continue work on EAD, doesnt' matter if her H4 status goes void afetr that, bcoz we have applied for AP and it will come thru later.

But just wanted to know if this is possible, that one can get h4 stamped even though have EAD in USA and use H4 just for travelling purpose. In that case would it jeopardise EAD status.

Please please let me know.

Also one morething, i got answer in this forum and she can do the above, but my lawyer says otherwise thats why raising this question once again.

thanks,
Click to expand...

If your wife uses EAD, she cannot use H4 visa to enter US, she needs AP. This question is answered in Murthy.com clearly by her. I don't have the link but I read it very recently
 
You must log in or register to reply here.
Top