Impact of using EAD by wife(H4) on my H1

ssmk

Registered Users (C)
Hello All,
My wife is on H4 and recently she started using EAD to work. Does it has any impact on my H1? Do I also need to use EAD? Does her using EAT invalidates my H1 also along with her H4?

Thanks in advance for valuable suggestions.
ssmk
 
No worries

Your H1 is valid as long as you do not user your EAD or the expiration date. Whichever is earlier.

You wife can work on EAD, can go out of the country and come back in two ways. 1. Using valid H4 as long as you are still on a valid H1. 2. Using AP ( You need not be using EAD)

I am not an immigration attorney! Please consult one.
 
Using EAD invalidates H4 status

If your wife uses EAD it will invalidate here H4 status automatically. This is what my lawyer stated to me.

Note : The above information not a legal advice, contact an attorney for legal advice.
 
HI

Remember H4 is not an independent VISA. It always depend on your H1. Therefore, if your wife works on EAD, it automatically nullify your H1B. Same way, if you use EAD, it automatically nullify your wife H4.

Anybody dont answer any question when you are not sure about this, or you dont know about this at all.
 
His wife is dependant on his status, that is absolutely correct. However, he is NOT dependant on his wife's status and her change to adjusting status will have NO effect on his status.

Changes in his status will definitely effect her, but the reverse is NOT true.

I'm not sure about this, I am 100% POSITIVE.
 
Thank you JIM

Thank you JIM. What you said is making very well sense to me. I am sorry for my post.

I mentioned that in my post because my lawer said that to me. It is frustrating when lawer does not have information.

I am not a lawer but beleive to be true what lawer says.

Thank you very much.
 
Jim's stand on this is 100% correct !

H1b and H4 are not interdependent. H4 status is 100% dependent on H1B and not vice versa. H4 is also popularly know as dependent visa. It is true both logically and legally.

Therefore EAD used by H4 doesn't alter H1B status of the spouse. This is minimum that an immigration attorney is expected to know.

I am certainly not an attorney but I did my home work thoroughly on these as I am also sailing in the same boat.

Good Luck !
 
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Hi Jim,

I am in the same situation. I checked with my attorney and he confirmed what you said.

Sahin, do not talk as if you are an authority on the subject. If you are not sure of something keep your trap shut. Do not talk and expose your ignorance. Instead of wasting your time misguiding people here, work on your english language skills which is the immediate need for you.

Thanks Jim once again. My heart missed a beat after i read what Sahin wrote on the subject. I am relieved after I spoke to my attorney and reading your post.

Regards,
 
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If your Wife is still working then, her H4 becomes void. Your H1 is Valid, untill you use your EAD.

Incase, if your Wife has now stopped work, she could go back to H4, even though EAD was utilized. This is what My Attorney informed. Please Verify with your Attorney. I am not a Attorney.
 
Thank you guys all.

My critical question is that when H4 applys for job, the department asks for SSN (social security number). Since the H4 (also valid EAD holder) was F-2 just 3 years back, and at that time F-2 is not allowed to apply for SSN.

Is it legal to apply for SSN? Otherwise, the department cannot pay for valid EAD holder. Will any problem come up from applying for SSN?

Have a good night.
 
Thank you all

Shankar 2002 and SMenon,

I thank you all for your nice comments.

I am again extremely sorry for that wrong information I have provided. I did not really mean to misguide anybody. Thats the information I have and was wrong indeed. I have expressed my apology earlier.

SMenon, my english is not good, I admit. I will work on it. Thanks for pointing it out.
 
Sahin,

Take it easy buddy ! You are a nice guy ! All the arguments here are purely professional and nothing is personal. Don't take anything to heart.

Keep visiting the forum. It is fun to have you here.

Take care and good luck.

Regards,
 
Re: Thank you all

Originally posted by Sahin
Shankar 2002 and SMenon,

I thank you all for your nice comments.

I am again extremely sorry for that wrong information I have provided. I did not really mean to misguide anybody. Thats the information I have and was wrong indeed. I have expressed my apology earlier.

SMenon, my english is not good, I admit. I will work on it. Thanks for pointing it out.


Sahin, You have a great attitude! a very worthy virtue - at least I think that way.

People, this is a discussion forum. You will get views, opinions, information. Sometimes good sometimes bad, sometimes right and yet sometimes wrong. In any case you are responsible for your actions... including believing something on the face value.
Always, check and doublecheck with your sources on any information before you act.

Sahin, keep visiting and keep posting... very post of yours is as good and as valid as everyone elses...

Just my views....
 
Hi Jim,

Irrespective of race, religion, nationality and country of origin wives are united and unanimous in saying that their husbands are always wrong. Back in India many of us have a belief that when your wife says 'yes' she means 'no' and if she say 'no' she means 'yes'. It is very rare that wives say 'yes' to anything that you say which means they say 'no' most of the times which we take as 'yes'. Its proved right most of the times. We , the husbands, lead our lives with this understanding and have successful single marriages in 99% of cases. Sounds funny ? I do not have any scientific explanation for this but that is the way of life for us with our wives in India.

By the way my wife disagrees with me on this :D

Wish you and your wife all the very best in life. Take care.

Regards,
 
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Thanks Jim and everyone else for valuable advice. This is very useful. Now I need not to worry about my H1 status.

Unfortunately one of those attorneys told me also that H1 gets invalidated with the use of EAD by H4 holder and that lead me to post a question here because what attorney told me did not make much sense to me.

Thanks again,
ssmk

Originally posted by Jim Mills
His wife is dependant on his status, that is absolutely correct. However, he is NOT dependant on his wife's status and her change to adjusting status will have NO effect on his status.

Changes in his status will definitely effect her, but the reverse is NOT true.

I'm not sure about this, I am 100% POSITIVE.
 
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