Help please !!

N

nrp123

New Member
need sugestion !

I came to USA two years back on H4 status, but last year we got EAD and AP, I just wanted to do job, so we applied for SSN with my EAD card, But I tried and couldn't get any job, did not use EAD anywhere except in SSN office. my H4 visa is expiring in May and wanted to extend.

question is, what is my status ? H4 status or EAD, AP ? can I extend my H4 visa ?

Thanks in advance.
 
I think your status is EAD.

This is what happened to me. I was on F1 for the longest time and just recently changed to H4 and filed for EAD at the same time. My H4 is valid only till the end of this month. My lawyer says that we don't need to extend the H4 since my EAD is in the works.

In short, EAD supercedes H4. So I wouldn't worry about the H4 and just look out for when the EAD expires.

All the best :)
 
Originally posted by Vandy
I think your status is EAD.

This is what happened to me. I was on F1 for the longest time and just recently changed to H4 and filed for EAD at the same time. My H4 is valid only till the end of this month. My lawyer says that we don't need to extend the H4 since my EAD is in the works.

In short, EAD supercedes H4. So I wouldn't worry about the H4 and just look out for when the EAD expires.

All the best :)
Click to expand...

This is not entirely true. I would suggest you consult with a lawyer.

EAD does not superced H Status unless it is used to draw a salary. A lot of people carry both EAD and H status including me but it does not mean that EAD is in effect automatically once it is issued.
 
My wife is also in H4 and she also got her SSN, didn't get job.

Since her I-94 expiring in April 2004, We applied for extension of stay Form 539 (for H4) by the end of Jan, 2004 with the help of this forum and she got her extension approved by March 2004.

Now we are sending it for visa revalidation to Dept. of state.

I guess, if you don't use your EAD, you are still in H status only


I hope this helps.


gcperson
 
Hi gcperson,

Does your wife has an EAD and AP? Do we need to apply for extension (H4) even if you have an EAD and AP.
 
Originally posted by deepakanu
Hi gcperson,

Does your wife has an EAD and AP? Do we need to apply for extension (H4) even if you have an EAD and AP.
Click to expand...

That will be upto you. If you would like to keep your H-status, you need to file an H extension.
 
yes, my wife has EAD & AP. Still we applied for H4 extn. for backup.

As Karns said, it is upto you to decide.

gcperson
 
Hi everyone,

EAD is NOT visa status. It is work permit for Adjust Of Status(AOS) period. When your H visa is expired and your I-485 has been filed, your visa status is AOS.

I had the same question for visa status one and half year ago.
My H1 visa was expired on 4/30/2003
My wife's H4 visa was expired on 4/30/2003
My daughter's H4 visa was expired on 4/30/2003

My company would not extend my H visa, because I was about to apply 140/485/EAD/AP. My wife and I received EAD cards.
My question was "WHAT IS MY DAUGHTER'S STATUS?"
My attony said "It is AOS"

Hope this helps
 
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