H4 Visa And Ead

R

raju555

Registered Users (C)
Hi Friends,

My wife And me got EAD's, I am still working on H1.I also got new H1B approval for another two years.We did't apply for AP's.I have question,
If my wife starts working on EAD, can she use new H4 to go india & get stamp there?

My I140 is aproved.

Any idea will be helpful?

Thanks,
Raju.
 
Originally posted by raju555
Hi Friends,

My wife And me got EAD's, I am still working on H1.I also got new H1B approval for another two years.We did't apply for AP's.I have question,
If my wife starts working on EAD, can she use new H4 to go india & get stamp there?

My I140 is aproved.

Any idea will be helpful?

Thanks,
Raju.
Click to expand...

Yes, she can work on EAD. In future, if she decides to get back in H4 status, she can leave country and apply for H4 visa at a US consulate. And than, she can enter on H4 and get back in H4 status.

One more thing though, if you (primary) start using EAD, making you a parolee, my guess is, your wife will also become a parolee. If principle in not on H1, dependents cannot be on H4.
 
With my best of my knowledge - ANSWER IS NO.

My wife was working on EAD and had valid L2. Our lawyer SPECIFICALLY instrcuted her to take AP and travel on AP ONLY once she starts working on EAD.

As per lawyer - you can H1 and EAD - dual status

But dual status is NOT VALID for H4/L2 etc.
 
In order to get H4 visa stamping, there are two conditions, one thing is that your passport needs to have valid H1 visa stamp, then, she can take the copies of your valid H1 stamp visa in your passport and the copies of your H1 approval notices in addition to her original H4 notice to get her passport stamping with H4 visa. One can travel if a valid H4 visa is stamped in passport. This is my opinion, better to consult an attorney.
 
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