Is H4 valid after spouse uses AC-21?

[armie]

Here is the scenario. The principal spouse has H1-B, applied
for I-485 and obtained EAD. The wife goes overseas on H4.
Mean while the husband changes jobs in US using EAD/AC21. Will
it be possible for the wife to re-enter US on H-4 after this. If not, what is the recourse?

 

[TheRealCanadian]

Originally posted by armie
Here is the scenario. The principal spouse has H1-B, applied
for I-485 and obtained EAD. The wife goes overseas on H4.
Mean while the husband changes jobs in US using EAD/AC21. Will
it be possible for the wife to re-enter US on H-4 after this. If not, what is the recourse?

Once the primary uses AC21, then he is no longer in H-1 status and the wife cannot use the H-4. She needs AP, or an H-1 of her own.

 

[jaxen]

I agree with realcanadian.

 

[guju]

What happens if you get a new H1 from the new Company? Then wouldn't she be able to apply for a new H4 and re-enter on H4?

 

[TheRealCanadian]

Originally posted by guju
What happens if you get a new H1 from the new Company? Then wouldn't she be able to apply for a new H4 and re-enter on H4?

That's correct. So long as the husband is in H-1 status, she can apply for an H-4 and use it for entry.

 

[armie]

The question was if the husband used EAD for job change while wife had gone overseas.

 

[tammy2]

If the husband used EAD for job change He lost his H1 status, which will invalidate her H4. She has to use her AP for entry. It is very clear. To enter back on H4 her husbond should get new H1.