H4 to EAD status change

sk2002sk

Registered Users (C)
My wife is currently on H4 status. She also has EAD and AP based on the fact that our I-485 is pending. But she has not used the EAD yet, so technically she is still on H4.

Now, she can apply for Social Security Number (SSN) based on the fact that she has EAD.

So my question is, if she applies for the SSN number based on the EAD, does she lose her H4 status even though she is NOT working using that EAD?

(we are planning to go to India and I would like to know, when we return, should she show her H4 visa or EAD/AP for re-entry)

Thanks!
SK
 
My understanding is that she can apply for an SSN, and that merely getting an SSN would not change her H4 status. If she were to get a job, her employer would make her fill in an I-9 (Employment Eligibility Verification). Since she would have to use her EAD at that point, that would be when she would change status.

http://uscis.gov/graphics/formsfee/forms/i-9.htm
 
I was in the same boat. I was in the F1 status..I got EAD but I never used it. When I was coming back from INDIA I showed my AP Instead of I20 of F1 beacuse I was graduated. So once she got AP means ..her current status is I-485 pending or adjustment of status ( When it comes to entry to this country). I guess it helps you
 
Originally posted by sk2002sk
So my question is, if she applies for the SSN number based on the EAD, does she lose her H4 status even though she is NOT working using that EAD?

She does not lose her H4 status just by getting SSN. When she starts working on EAD, then she does.
 
remember

a few years back they used to issue SSNs even to folks on H4. So, my guess is SSN issuience has no link with your status. As everyone states, your status changes once you start using your EAD for employment.
 
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