I485 pending, using EAD still need H4 extension?

C

chesapeake

New Member
we are waiting on our I-485's due to retrogression on EB3(PD-AUG2004). i am on my 6th year of H1B. i am still employed with my GC sponsoring employer based on H1B. My employer has filed for H1B extension for my self for another 3 years based on my approved I-140. But he says he can not file for H4 for my spouse because spouse started working using the EAD.

Both of our current I-94 cards are expiring on 25th of April 2006. When my employer was able to file for my H1B for 3 more years why can not he file for H4 for my spouse? Because spouse started working using the EAD spouse can not apply for H4 any more is that true?

if that is true in that what will be spouse's legal status after spouse's I-94 expires on the 25th of APR 2006. is there any one who is using the EAD for work and also got 3 year h4 extension after 6th year based on spouses H1B after 6 years?
 
Once you start using EAD your non-immigrant visa status(H4 status) will become invalid. As long as you do not work on EAD, you can have both H4 and EAD. Why you want to apply for H4 for your spouse when she/he is working on EAD? I do not see any reason here. May be you want to be on safe side, but she/he is alright as long as you have H1B (If anything happens with your 485, then she/he can safely convert to H4 and stop working on EAD).

Your spouse's visa status after I-94 expiration will be AOS(Adjustment Of Status,i.e I-485 pending).
 
Last edited by a moderator:
Thanks a bunch for your reply. i will stop thinking on h4 for my spouse.

i heard we loose the H1B status once we use AP at the port of entry while coming back to US after an international trip. is it true?

Right now i got a 3 year H1B extension after 6 years. i am not using EAD for Work. i wish i can continue work based on my H1B and i do not have to use EAD even though i use AP for re-entry.

Can you throw some light on this question?

Thanks.
 
H1 8th year extension...query....whether or not to withdrawl

Hi,

My 140 is approved 10 months back and 485 is pending. i applied for 8th year extension for the safe side but now i got query on my H1( two pages query). company lawyer suggested to withdraw H1 without answering the query cause i have EAD to work on... but i am just afraid of whether there will be any impact of H1 withdrawl on my GC. Please reply for this if you have any idea about H1 withdrawl....

thanks,
gcwait2005
 
chesapeake said:
we are waiting on our I-485's due to retrogression on EB3(PD-AUG2004). i am on my 6th year of H1B. i am still employed with my GC sponsoring employer based on H1B. My employer has filed for H1B extension for my self for another 3 years based on my approved I-140. But he says he can not file for H4 for my spouse because spouse started working using the EAD.

Both of our current I-94 cards are expiring on 25th of April 2006. When my employer was able to file for my H1B for 3 more years why can not he file for H4 for my spouse? Because spouse started working using the EAD spouse can not apply for H4 any more is that true?

if that is true in that what will be spouse's legal status after spouse's I-94 expires on the 25th of APR 2006. is there any one who is using the EAD for work and also got 3 year h4 extension after 6th year based on spouses H1B after 6 years?
Click to expand...



How did u get EAD if you are still waiting to apply for 485??????
 
You must log in or register to reply here.
Top