Is H4 valid after I-485 denial?

A

ashish_shah

New Member
I am bit confused with my current status, below is the details of my case, would be great if someone can advise on next steps:

* Jan 2006: I came to US on H4 visa valid till Feb 2010
* Oct 2006: Applied I-140 and I-485 concurrently as Physical Therapist
* Nov 2006: Received EAD in Nov 2006 and started working using EAD
* Jun 2007: I-485 Denied because of missing Visa Screen Certificate, I-140 Pending
* Jul 2007: Received Visa Screen Certificate from FCCPT

What is my current status now? Does H4 still valid given that I already used EAD and also got SSN thru EAD. Do I go back on H4 status automatically or should I go out of country to get new H4 visa?

Thanks in advance.
 
Guys,
My lawyer got back to me today and she told me...
* My status is fine as I have valid H4.
* She also told me I don't need to take any action because my green card is already applied thru my husband.
* She has advised me not leave country till I get EAD from the new green card application.
* I am not going reopen the case using MTR as per lawyer's advise because I did not have Visa Screen Certificate in hand before RFE deadline.
Hope this helps.
 
ashish_shah said:
Guys,
My lawyer got back to me today and she told me...
* My status is fine as I have valid H4.
----------------- how you can be on H4 status if you have used EAD??
* She also told me I don't need to take any action because my green card is already applied thru my husband.
* She has advised me not leave country till I get EAD from the new green card application.
-------------------EAD is only for work, she may be saying get AP in hand if you go out so that you can enter with AP.( if your spouse is still on H1 status and if you have valid H4 visa stamp then you can enter on H4 status)

* I am not going reopen the case using MTR as per lawyer's advise because I did not have Visa Screen Certificate in hand before RFE deadline.
Hope this helps.
Click to expand...
-------------------
 
Ginnu,
You go back on H4 automatically if your I-485 is denied. It does not matter whether you used EAD or not.
Regards,
Ashish
 
ashish_shah said:
Ginnu,
You go back on H4 automatically if your I-485 is denied.
---------------wrong info, You don’t go automatically on H4 status if I-485 gets denied; if you have H4 valid visa in passport then one can exit US and can again enter US on H4 if primary H1 holder is on H1 status.

It does not matter whether you used EAD or not.
--it matters
Regards,
Ashish
Click to expand...

--------------------
 
ashish_shah said:
You go back on H4 automatically if your I-485 is denied. It does not matter whether you used EAD or not.
Click to expand...

You never "automatically" switch non-immigrant statuses. You can retain your H-4 status if you do not do anything that violates said status while your I-485 is pending. Unfortunately, working (even with an EAD) is not allowed under H-4 status, and therefore you become an adjustee. If the adjustment is denied, you are out of status.
 
She needs to first fire the lawyer.......and then get a reality check...:-)

Wish USICS rules are as simple as she thinks they are!!!!
 
You must log in or register to reply here.
Top