Interesting Question

O

over

Registered Users (C)
Hi,
I am asking this question on behalf of a friend of mine.

This is the case:
He has his H-1 valid till 2006. His wife has H-1 (she is working too), which is about to expire.
His company has filed his I-485 and both of them have EAD cards and AP's.

He wants to continue to use his H-1, while his wife will move on to use the EAD card for employment.

Question is, if the dependent uses the EAD card for employment or the AP to travel, will the primary applicant automatically give up his H-1 status.

Thanks
over and out.:cool:
 
Originally posted by over
Hi,
I am asking this question on behalf of a friend of mine.

This is the case:
He has his H-1 valid till 2006. His wife has H-1 (she is working too), which is about to expire.
His company has filed his I-485 and both of them have EAD cards and AP's.

He wants to continue to use his H-1, while his wife will move on to use the EAD card for employment.

Question is, if the dependent uses the EAD card for employment or the AP to travel, will the primary applicant automatically give up his H-1 status.

Thanks
over and out.:cool:
Click to expand...

Using EAD by the dependent does not void the primary's H-1 Status
 
what about the opposite?

if primary used EAD and AP for travel , can the dependent work and travel on h1 visa ?

pls advise...
 
The derivative's H1 is in no way attached to the primary's status. If its H4 then it will become void, in this case its H1. So no problem.
 
It is good to use H1 rather than an EAD - you will have something to fall back on in case your GC is rejected (which is very very rare though).
 
If 485 gets rejected you can always get back to H1- provided you have H1 peroid left. So I would think you use EAD now- to save H1 time.
HTH:eek:
 
I think that if you use EAD now, you will lost non-immigrant status which means that you can't save H1 time. This is why lawyers always suggest not use EAD if you have valid H1. Be careful. Maybe I am wrong!

Originally posted by sb_tiger
If 485 gets rejected you can always get back to H1- provided you have H1 peroid left. So I would think you use EAD now- to save H1 time.
HTH:eek:
Click to expand...
 
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