H4 will be invalid after using EAD, so no need to extend H4 at all?

[wlj]

Hello,

I recently received my I-485 based EAD and planning to use it for work. My
current visa is H4. As my LD's H1B is close to expiration. We are wondering
whether we should get my H4 extended. I heard that once you use EAD, your H4
non-immigration visa becomes invalid. If this is true, does it mean that it
's unnecessary to extend my H4 at all, as I'm definitely going to use my EAD
to work during I-485 pending?

Thanks for your advice!

 

[TheRealCanadian]

I heard that once you use EAD, your H4
non-immigration visa becomes invalid. If this is true, does it mean that it
's unnecessary to extend my H4 at all, as I'm definitely going to use my EAD
to work during I-485 pending?

That's right. Make sure you have AP before you travel.

 

[gceevz]

I've similar situation.

Spouse (h4) got EAD/AP and H1 approval starting Oct 2007 from Company-A. Spouse started working on EAD in company-B and not planning to join Company-A in Oct 2007.

Does anything require to change/maintain status after Oct 1st for spouse ?

Thank you.

gcevz
___________________________________________
EB2, ROW PD 9/2004
I-140 AD 07/02/2007
AP (spouse & me) AD 4/30/2007
EAD (spouse & me) AD 5/8/2007
I-485 (spouse & me) RD 3/23/2007 LUD 4/12/2007

 

[civ2ru]

gceevz,

From the moment your spouse started using EAD, she/he have abandoned her/his nonimmigrant status (that includes H1 of October 2007). She/he now needs to use AP to travel. But she/he is legal to stay in the U.S. for as long as your I-485 is pending ("adjustee status"). Good luck with your I-485 case!