h4 visa after use of EAD

[abeyy]

Hi there,

I've applied for i-131 & i485 for my daughter while i applying my 485..
now her 131 & 485 are pending..

I understand my h1 become invalid if i use my EAD. in this case ,whould you pls answer my following queries??

1) what will happen to my daugher's h4 visa ?
2) is she legal to stay without h4 as her i485 is pending..

thanks

 

[TheRealCanadian]

what will happen to my daugher's h4 visa

Her H-4 status will terminate, and she will become an adjustee.

is she legal to stay without h4 as her i485 is pending..

Of course.

 

[getgreenc]

If you use your EA, Her H4 will not get terminated until she uses her EAD. Right now So she has conccurent status both H4 and adjustment status.

 

[tammy2]

If you use your EA, Her H4 will not get terminated until she uses her EAD. Right now So she has conccurent status both H4 and adjustment status.

Nope You cannot have H4 while working on EAD.

 

[getgreenc]

tammy you are right. I forgot it that H4 will get cancelled if h1 is cancelled. Thanks.