How to change from EAD to H4?

[talkative]

Hi,

I was wondering how one goes about changing from EAD back to H4, assuming primary has been maintaining valid H1 status all throughout and dependant has a valid H4 visa stamp? Is it sufficient to just re-enter the country with the H4 visa, or does one have to apply for a fresh H4 visa?

Any risks in H4 using the EAD when 140 approval is not very certain?

My company lawyer said "H4 ends if you use the EAD". But from discussions here, it seems it's possible to switch back to H4 after using EAD?

Thanks!!
Talkative

 

[bharad1]

This is different from what Attorney Sheila Murthy answered..Could you reconfirm with lawyer as this concerns many people? (my lawyer gave same opinion as below).

Thanks,
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Chat User : A spouse on H-4 wants to use his / her EAD while I-140 is pending. Will s/he be out of status if the I-140 gets denied and can s/he come back to H-4 again?

Attorney Murthy : As long as the H-4 status is valid, a person may maintain both the H-4 and the I-485 pending status. If the I-140 gets denied, the person will be eligible to revert to the H-4 status as long as the I-94 card has not yet expired. If the H-4 status is about to expire, the person should either file an extension or, upon the I-140 denial, should plan on traveling abroad and applying for the H-4 visa stamp at the consulate and reentering on H-4 status in order to live legally in the U.S. In such cases, it may require the person who was not on any status even for a single day to mention that s/he was "unlawfully present" in the U.S. on the visa application form at the consulate. The dual intent doctrine under law allows one to change between the H status and the I-485 pending status, and both may be valid simultaneously, so it is safest to maintain both whenever possible. These issues have been crystallized in the March 2000 and May 2000 Legacy INS Memos and may be reviewed on MurthyDotCom.

 

[talkative]

bharad1, thanks for pointing out the posting. My company lawyer is sick of me, so I can't ask any questions anymore

> As long as the H-4 status is valid, a person may maintain both the
> H-4 and the I-485 pending status

It doesn't say if using EAD will invalidate H-4 status right? Below is another chat question that seems to confirm that using EAD does indeed invalidate H-4. So the question is, how to get back to H-4 status?

Thanks
~T

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Chat User : Does getting an SSN on receipt of EAD invalidate the H-4 status?

Attorney Murthy : The H-4 status is invalidated when one works on the EAD for an employer since the H-4 is a non-working status. Merely obtaining an SSN does not generally invalidate the H-4 status, since a person may choose to travel abroad and reenter the U.S. on H-4 status even after obtaining the SSN as long as one does not work on the EAD.

 

[dwd123]

Talkative,

I believe, using the EAD results in invalidating H4. But, if you go out of the country and come back on H4 visa, you should be all set. I am not sure whether, you can use an old H4 stamping or you will need a new one.

See a memo for futher details:

http://shusterman.com/cronin51600.html

dwd123