Is AP strictly needed for a H4 using EAD?

F

FunLover2000

Registered Users (C)
Including myself, several new AOS filers might be having the following situation and the discussion helps for travel.

I still have 3 years on my H1 and so 3 years for my wife on H4. Our visas got expired. My wife is getting EAD and eagerly waiting to use it. Assume she is using EAD and hence she is no more on H4. Now,

1. She traveled to India. Got Visa. Entered USA. I am thinking this will put her status back on H4. And, then, she resumes WORK. Assuming her status again changes back to EAD. Is it possible to do? This will avoid APs for four of us and will give us 3 years in stead of 1 year AP.

2. If the above is not possible, apply AP for my wife before travel. Let her alone use AP and we will get Visas. This is surely feasible but little inconvenience.

Would you please share your thoughts on this? If AP is surely required, then planning to apply on my own once after receiving the receipt notice and before 30th July.

Thanks.
 
EAD and H4 are mutually exclusive. Once your wife travels to India she can perhaps get H4 visa but then once she is back at her job using EAD, she would lose the H4 automatically..So next she travels to India, it might raise a red flag..

It depends also on your status, if you are using your EAD, she cannot even stay on H4; not sure if vice versa is similar scenario


FunLover2000 said:
Including myself, several new AOS filers might be having the following situation and the discussion helps for travel.

I still have 3 years on my H1 and so 3 years for my wife on H4. Our visas got expired. My wife is getting EAD and eagerly waiting to use it. Assume she is using EAD and hence she is no more on H4. Now,

1. She traveled to India. Got Visa. Entered USA. I am thinking this will put her status back on H4. And, then, she resumes WORK. Assuming her status again changes back to EAD. Is it possible to do? This will avoid APs for four of us and will give us 3 years in stead of 1 year AP.

2. If the above is not possible, apply AP for my wife before travel. Let her alone use AP and we will get Visas. This is surely feasible but little inconvenience.

Would you please share your thoughts on this? If AP is surely required, then planning to apply on my own once after receiving the receipt notice and before 30th July.

Thanks.
Click to expand...
 
guest1978 said:
EAD and H4 are mutually exclusive. Once your wife travels to India she can perhaps get H4 visa but then once she is back at her job using EAD, she would lose the H4 automatically..So next she travels to India, it might raise a red flag..

It depends also on your status, if you are using your EAD, she cannot even stay on H4; not sure if vice versa is similar scenario
Click to expand...

Thanks guest1978.

If entering USA with a Visa and working switches the status, that would be fine. (I am not very sure of it). Means, she can do any number of travels as long as the Visa is valid and keeps changes the status back-and-forth between H4 and EAD, with every international travel. Is it really true?

Ancillary question, would it create a problem obtaining VISA in India being on EAD?
 
When you have switched to EAD from h4, next time you apply for an extension what would your underlying status be. I believe this back and forth switching will most certainly put you in a problem at some point. Its better to all the way do it with EAD/AP..

FunLover2000 said:
Thanks guest1978.

If entering USA with a Visa and working switches the status, that would be fine. (I am not very sure of it). Means, she can do any number of travels as long as the Visa is valid and keeps changes the status back-and-forth between H4 and EAD, with every international travel. Is it really true?


Ancillary question, would it create a problem obtaining VISA in India being on EAD?
Click to expand...
 
If she is planning to use EAD, then it's better to apply for AP. If i were you, I would do that. Working in EAD and again stamping in India on H4 is not an issue, but sometimes Immigration Officer will question her. My co. attorney told me to do so.
 
guest1978 said:
When you have switched to EAD from h4, next time you apply for an extension what would your underlying status be. I believe this back and forth switching will most certainly put you in a problem at some point. Its better to all the way do it with EAD/AP..
Click to expand...
My wife uses EAD since she got it first time in 2004. It was not a problem for H4 extension. She clearly indicated that she works on that application.
My understanding is H4 is a status. As long as main applicant is in H1 status, H4 is fine. Use EAD or not doesn't do any harm for entering on H4 visa or applying for extension of status.
 
Keep things simple! Just apply for and use the EAD and AP and stick to the straight and narrow path, without trying to find all sorts of convoluted and questionable ways of doing things that may delay your case or put it at risk of denial or RFE.
 
voldemarv said:
My wife uses EAD since she got it first time in 2004. It was not a problem for H4 extension. She clearly indicated that she works on that application.
My understanding is H4 is a status. As long as main applicant is in H1 status, H4 is fine. Use EAD or not doesn't do any harm for entering on H4 visa or applying for extension of status.
Click to expand...
That's just luck. Next time she tries to enter with an H4, let her tell the immigration officer about using the EAD and see what happens.
 
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