I-94 and EAD

J

jd imm

Registered Users (C)
I think I know the answer but want to get confirmation from the gurus.

Do we need to worry about I-94 expiring if we plan to work on EAD?

-jd
 
If you think the answer is NO, then you are right. Once you use EAD, you lose your non-immigrant status and I-94 is no longer a valid document. If you leave the US, you will need Advance Parole to come back.
 
Quick Question

HI sertra2002,

I have a quick question. My I-94 is valid till Mar,2005. I am filing 485 soon and may get EAD within next 3/4 months.

So do I loose the H1B status as soon as EAD is received or my H1B would be still vaild till Mar,2005 ? Can we work with same employer after EAD is received ? Also which is better to use when we travel out of country ? Is it H1B or AP, if you have both valid ?

I appreciate your help.

Thanks,
 
Can stay on H1

You may get the EAD but it is not necessary to use it if you are working on H1 and your employer continues to sponsor you on H1. Believe me, H1 is a the best visa to be on while ur. GC is in process.

Onec you get EAD and want to swiitch to EAD for any reason, tell company HR to make appropriate change in I-9 form. That's all.
 
soham13 said:
HI sertra2002,

I have a quick question. My I-94 is valid till Mar,2005. I am filing 485 soon and may get EAD within next 3/4 months.

So do I loose the H1B status as soon as EAD is received or my H1B would be still vaild till Mar,2005 ? Can we work with same employer after EAD is received ? Also which is better to use when we travel out of country ? Is it H1B or AP, if you have both valid ?

I appreciate your help.

Thanks,
Click to expand...

You donot lose your H1B status merely because you got an EAD. You only lose your H1B status if you use EAD or use AP for travel. H1B is dual intent visa. Only people with F1,J1,etc. have problems because they are purely non-immigrant visas.

For travelling it doesnot matter what you use! AP will you let you get in. For H1B, you need have latest employer's visa stamped on your passport. If you already have it, you can use that. It is totally upto you what status you want to maintain.
 
Travel on AP does not invalidate H1

This came out of lot of discussions on other threads and also attorney Murthy herself clarified on this issue. You may enter the country on Ap but if you are working for same employer and on the same H1 your H1 status remains valid.

will_get_there
 
Thanks ,
This came up as I have to renew my EAD, I got an email from my our attorney's to send some stuff over for the same and the email list "copies of latest I-94" as one of the items.

-jd
 
H4 status after using EAD

Hi,

My H1B visa is getting expired on Nov 4 2004 (completing 6 years). I got my EAD & AP. My employer also agreed to extend our h1 & h4 i.e. 7th year extension. My wife started working using EAD. Lets say I get my H1b extension including my wife's H4 and when i go to india on January 2004, can I revalidate both of our h1 & h4 in india and enter using H1 & h4? I heard that maintaining h1 till the 485 approval is good and safe option. Let me know your thoughts.

Thanks
 
no H4 after EAD..

tr_gc,

Since your wife has started using EAD, her H4 status is gone so don't think of revalidating H4 visa if she plans to continue working on EAD. She has to get AP to travel out of US and AP has to be in her hand before she leaves USA. You may extend your H1 alone and use it for re-entry but she will need AP now.

will_get_there
 
will_get_there said:
tr_gc,

Since your wife has started using EAD, her H4 status is gone so don't think of revalidating H4 visa if she plans to continue working on EAD. She has to get AP to travel out of US and AP has to be in her hand before she leaves USA. You may extend your H1 alone and use it for re-entry but she will need AP now.

will_get_there
Click to expand...

But , if your wife does not want to work then you can revalidate her H4 in India and she can come back in H4 status. This is to say that she can regain her H4 status even after using EAD, but as will_get_there said right now she is not on H4 as she has already used her EAD.
-jd
 
jd imm said:
But , if your wife does not want to work then you can revalidate her H4 in India and she can come back in H4 status. This is to say that she can regain her H4 status even after using EAD, but as will_get_there said right now she is not on H4 as she has already used her EAD.
-jd
Click to expand...
I have a question WRT to previous post, once you use EAD you are no more in H4 status, and while when entering the country if you use a valid H4 , is EAD status lost? (i.e.) can i use EAD, and while exiting & entering back the country use valid H4 and once inside the country can one start using the EAD?
 
rpranesh said:
I have a question WRT to previous post, once you use EAD you are no more in H4 status, and while when entering the country if you use a valid H4 , is EAD status lost? (i.e.) can i use EAD, and while exiting & entering back the country use valid H4 and once inside the country can one start using the EAD?
Click to expand...

yes, I believe you can.
Also there is nothing like EAD status, when you start using EAD you fall into the "Adjustee" status.

-jd
 
One more clarification...

Lets say my wife is in H4 has valid visa till july 2006 and also possess EAD/AP. Using EAD the she starts working. In the mean time she discontinues her job and goes to india for family reasons during Jan 2005 and come back during march 2005. Is it possible to come back using H4 without using AP? If yes is there anything needs to be done in india i.e. revalidate or apply new h4 etc?

Thanks
 
tr_gc said:
One more clarification...

Lets say my wife is in H4 has valid visa till july 2006 and also possess EAD/AP. Using EAD the she starts working. In the mean time she discontinues her job and goes to india for family reasons during Jan 2005 and come back during march 2005. Is it possible to come back using H4 without using AP? If yes is there anything needs to be done in india i.e. revalidate or apply new h4 etc?

Thanks
Click to expand...

When you say valid visa, is it that her petition is valid till July 2006 or her petition is valid and also she has a stamped visa till July 2006?

If she has a stampted visa then no need to do anything in India, she can come back using her stamped visa, but if she only has the petition valid and no stamped visa then she needs to get a visa stamp from the American consulate in India.

-jd
 
Hi jd imm

That answers my question. We have only petition. The visa is not yet stamped in passport. Planning to do duirng next visit to india. Thanks for your suggestion.

How does the USCIS determine whether a I485 applicant used their EAD or not?

-tr
 
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