H4 to EAD

Dane

Registered Users (C)
Hi All,

I am in EB2 Category with priority date in Nov 2006. My son completed his High School here in US and Joined in Undergrad as Freshman in University. His status is still H4. Is it good to apply EAD for him and change status from H4. It appears he needs that EAD do some study related work in University. I really appreciate if you guys can throw some light and your experiences in this regard. As to with Nov 2006 PD and changing H4 to EAD..what effects will be there on our GC process.

Thank you all in advance
 
A few notes assuming your son has a pending I-485:

1- EAD is not a "status" that you can change to, it is merely a work authorization document for those waiting for their adjustment of status.
2- If he applies for an EAD but doesn't use it, he will not abandon his H-4 status. Only if he works will his H-4 be abandoned.
3- If he loses his H-4 status, he will be considered in "authorized stay" in the US because of his pending I-485 (not because of possessing an EAD). This will have no effect on his I-485 since he is not doing anything to jeopardize that application. He is merely no longer in H-4 status. He just has to be careful not to abandon his I-485, which includes having an Advance Parole document approved before he travels abroad.
 
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