H4 & ead

[I485_help]

Hi,

I'm currently working on EAD & my husband is on H1. We've I485 pending. Recently, my husband got his H1 renewed through his employer & upon asking the employer's lawyer for renewal of my & my children's H4 visa, she said that I'm not eligible for it & the children don't need it either. They just extended my husband's H1 visa.

My question is:
1. Is the information given by the lawyer correct? I was under impression that I can have H4 status & use it to enter the US even if I work on EAD. I don't have to have an AP to reenter US.

2. What about the H4 status of kids? They are minors. Are they eligible for H4?

Kindly suggest.

 

[ginnu]

Hi,

I'm currently working on EAD & my husband is on H1. We've I485 pending. Recently, my husband got his H1 renewed through his employer & upon asking the employer's lawyer for renewal of my & my children's H4 visa, she said that I'm not eligible for it & the children don't need it either. They just extended my husband's H1 visa.
----------------.as you are working on EAD you are not on H4 status and lawyer is correct but child is not working with EAD and Child is eligible for H4 extension if child H4 based I-94 is not expired
My question is:
1. Is the information given by the lawyer correct? I was under impression that I can have H4 status & use it to enter the US even if I work on EAD. I don't have to have an AP to reenter US.
----- as you are working on EAD you are NOT on H4 status. apply for AP and get AP approved in hand before you go out of US. when you go out of US get H4 visa based on your spouse H1 approval and can enter on H4 status (FYI if you are from India then consulate is going ask many documents from your spouse employer and many H1 or H4 are being rejected)
2. What about the H4 status of kids? They are minors. Are they eligible for H4?
----------------Yes if H4 based I-94 is not expired. if kids go out then they also need AP to reenter US if tey dont have H4 visa stamps.
Kindly suggest.

Get your and kids AP before you go out of US.

 

[BigJoe5]

The H1-B principal AOS applicant can continue on with his H-1-B and use it to travel and work. You have obtained EAD and cannot continue as an H-4, you and the kids are now solely "applicants with pending I-485's" and must use the EAD to work and the AP to travel. It is a complex set of cross-references in the law that causes this to be.