Help: Does EAD invalidate H1/H4?

Y

YJay

Registered Users (C)
We have our new H-1B and H-4 stamped at NVC in St Louis after submitting our I-485. My wife is using EAD for a part time job.

Is my wife H-4 still valid. Can she travel outside USA using her H-4? (I am sure I can travel on my H-1B and my daugher can go on her H-4.)

Thanks.
 
No !!!

Once you started using EAD your H1 status is automatically invalidated.

So your wife is no longer on H4 status. She needs Advance Parole to travel out of USA.

If you want to keep your H1/H4 status, you should never use EAD.
 
What I have heard is that if you use your EAD your H1 status is cancelled. Your wife cannot travel on AP aswell as it is only for those ppl who have valid H1 status but no valid visa.

Once your wife is using EAD she pretty much have option to wait for your 485 approval, you however can travel with H1 status and valid visa
 
correct answer

to yr question is your wife needs AP for travel. All applicants who use EAD have to use AP for travel.
She can also use H4 for travel, but if she comes into US using H4, she will be commiting immigration fraud since she is supposed to tell the POE that she is working (if asked,) and by using h4 she is implying she is not.
Her GC stamping might be put to jeopardy if she uses H4.

ignore mygcwaiter's post. All statements except the first one are untrue.
 
EAD for H1 spouse under counsular

My husband is processing the GC ..just applied for I-140 with the counsular processing option. I am currently on H4, thinking of taking a job and transferring to H1 (had a prior H1) .

Will I be able to apply for an EAD (H1 to EAD) during the 3rd stage even though we have selected counsular processing?

Thanks for your help
 
haven't you hear the good news??

U can file I485 now using the I140 receipt notice (and I765-EAD, i131 -AP) now. U can start working as soon as you receive your EAD approval.

But the caveat is that depending on service center, 485 approval might take 2-3 years and might rob you the advantage of easier CP, ultimately delaying your green card. U need to weigh the options and both of you should take a joint decision.
 
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