Need answers from you guys

R

reach_honey

Registered Users (C)
My friend is working on H1 since 3 years. His wife as H4. Now their company filed parallel I140/485.
They went and took IEAD.
Now his wife wants to work as she got IEAD.
He thinks that if his wife start working then her H4 visa would get cancelled and so his H1.
Is that true.
I thought that only her H4 would get cancelled and he would remain in H1 as she now becomes independent upon filing green card.

What are your views gurus??
 
Only Spouse H4 will be cancelled.

Especially since he is the primary applicant. Wait for others opinion and personal experiences too.
 
485 filing is separate applications for wife and husband. So the wife working on H-4 will not invalidate the H-1. But if the husband uses EAD, it invalidates H-4 too since H-1 becomes invalid.

The problem comes for the wife only when the GC is denied. In that case also I don't see any problem since his H-1 is valid.
 
Thats an interesting question

They say that is you use AP or EAD, your H1 is no longer valid.

If that applied to this case, the H4 will be void.

I know one can get an EAD for the spouse of people on L visa. In the L case, the holder's L1 is still valid because L visa allows the spouse to have an EAD.

But H1 doesnt allow spouses to have EAD so I think the H1 might be invalid once the spouse uses the EAD.

I could be wrong.
 
Last edited by a moderator:
Originally posted by frantic
485 filing is separate applications for wife and husband. So the wife working on H-4 will not invalidate the H-1. But if the husband uses EAD, it invalidates H-4 too since H-1 becomes invalid.
Click to expand...

The 485s are related arent they?

The wife cannot work on "H4". The question if the wife works on "EAD".
 
Re: Thats an interesting question

Originally posted by patienceGC
But H1 doesnt allow spouses to have EAD so I think the H1 might be invalid once the spouse uses the EAD.
Click to expand...

If I am on an H-1, my spouse can have any status - from none at all, A, B, C, D, E, F, H, I, J, L, O, P, Q, R, S, T (but not K!) or a US citizen or a PR.

Nothing she does would cause me to lose my H-1 status.
 
Re: Re: Thats an interesting question

Originally posted by TheRealCanadian
If I am on an H-1, my spouse can have any status - from none at all, A, B, C, D, E, F, H, I, J, L, O, P, Q, R, S, T (but not K!) or a US citizen or a PR.

Nothing she does would cause me to lose my H-1 status.
Click to expand...

Sorry what I meant to say was that a H1B holder couldnt obtain an EAD for the spouse based on his H1 where as on L1 they can.
 
Use of EAD by Principle applicant voids his/her and all derivative H

But if derivative uses EAD only his/her H gets void


PatienceGC: Using AP alone does not invalidate the H-1
 
Originally posted by karns


PatienceGC: Using AP alone does not invalidate the H-1
Click to expand...


"If a person has a valid H-1B, a valid EAD card, and a valid advanced parole travel document but they do not use their EAD card to work for a second company, their status upon re-entry depends on which document they present when they arrive back to the United States. If they present the advanced parole and the officer stamps the I-94 card as an "adjustee" or "parolee," then they are no longer in H-1B status. If the person presents the H-1B visa stamp and the officer stamps the I-94 card with the H-1B designation, they will remain in H-1B status. Of course, as stated above, if they later use that EAD card to work for a different employer, they lose the H-1B status."

Source : http://www.usvisanews.com/memo1536.html
 
You must log in or register to reply here.
Top