Need suggestions on H4 Using EAD !!

A

anji123

Registered Users (C)
Hi, My I-140/485 applied in the last month. My wife's H4 and I-94 is valid till
June, 2006 and she got her EAD and AP approved last week. She is planning
to start work using her EAD. I will be maintaining my H1 status.

(1) I understood from the forums that she will loose her H4 status once EAD
is used. Does it mean that her H4/I-94 is invalid even though they are not
expired?

(2) Just incase my I-140/485 gets denied, her EAD gets invalid.
(a) Can she go back to her H4 status if it is not expired by then?
(b) What are the options if her H4 expried by then? Does it mean that she
is on illegal status? Will there be any problems in getting new H4 at that
time?

Thank you in advance for your suggestions,
anji123
 
anji123 said:
Does it mean that her H4/I-94 is invalid even though they are not expired?
Click to expand...

Yes. She loses her H-4 status *and* her visa stamp is invalidated.

Just incase my I-140/485 gets denied, her EAD gets invalid.Can she go back to her H4 status if it is not expired by then?
Click to expand...

She'll need to leave the US, get a new visa stamp and re-enter.

What are the options if her H4 expried by then? Does it mean that she is on illegal status? Will there be any problems in getting new H4 at that me?
Click to expand...

Provided she is still eligible for an H-4, there should be no issue. Her eligibility, however, would depend a great deal on wether you were still in H-1 status.
 
1) I understood from the forums that she will loose her H4 status once EAD
is used. Does it mean that her H4/I-94 is invalid even though they are not
expired?
Her h4 should be valid and I dont think so she has to go back to get stamped. Check with some experts.

(2) Just incase my I-140/485 gets denied, her EAD gets invalid.
(a) Can she go back to her H4 status if it is not expired by then?
(b) What are the options if her H4 expried by then? Does it mean that she
is on illegal status? Will there be any problems in getting new H4 at that
time?
a. Yes she can
b. She can retain her H4 status untill your H1 is valid
 
Last edited by a moderator:
More insight reqrd...

========================================================
Chat User : Does getting an SSN on receipt of EAD invalidate the H-4 status?

Attorney Murthy : The H-4 status is invalidated when one works on the EAD for an employer since the H-4 is a non-working status. Merely obtaining an SSN does not generally invalidate the H-4 status, since a person may choose to travel abroad and reenter the U.S. on H-4 status even after obtaining the SSN as long as one does not work on the EAD.
=========================================================
Chat User : A spouse on H-4 wants to use his / her EAD while I-140 is pending. Will s/he be out of status if the I-140 gets denied and can s/he come back to H-4 again?

Attorney Murthy : As long as the H-4 status is valid, a person may maintain both the H-4 and the I-485 pending status. If the I-140 gets denied, the person will be eligible to revert to the H-4 status as long as the I-94 card has not yet expired. If the H-4 status is about to expire, the person should either file an extension or, upon the I-140 denial, should plan on traveling abroad and applying for the H-4 visa stamp at the consulate and reentering on H-4 status in order to live legally in the U.S. In such cases, it may require the person who was not on any status even for a single day to mention that s/he was "unlawfully present" in the U.S. on the visa application form at the consulate. The dual intent doctrine under law allows one to change between the H status and the I-485 pending status, and both may be valid simultaneously, so it is safest to maintain both whenever possible. These issues have been crystallized in the March 2000 and May 2000 Legacy INS Memos and may be reviewed on MurthyDotCom.
=========================================================
I found this on Murthy forums. From the above 2 answers from Murthy,

I am little confused here: In the first answer, she says that H4 gets invalid
once EAD is used. In the second answer, "If the I-140 gets denied, the person will be eligible to revert to the H-4 status as long as the I-94 card has not yet expired."

Does this mean that H4/I94 is still valid if they are not expired, even though
one uses EAD for working?

Does it mean that it is safe to get H4 stamped on the passport before one
starts using EAD?

Please advice me. Thank You.
 
anji123 said:
I am little confused here: In the first answer, she says that H4 gets invalid
once EAD is used. In the second answer, "If the I-140 gets denied, the person will be eligible to revert to the H-4 status as long as the I-94 card has not yet expired."
Click to expand...

Saying "H4 gets invalid" is just a terminology. What murthy means is...One is no longer on "H4 status" if he/she starts using EAD. That doesnt mean that the H4 stamp is not usable thereafter.

anji123 said:
Does this mean that H4/I94 is still valid if they are not expired, even though
one uses EAD for working?
Click to expand...

--Yes. That is what Murthy and others mean when they say "it is better to have H1/H4 as backup in case the I485 is denied and that you can fall back on the H1/H4 status".


anji123 said:
Does it mean that it is safe to get H4 stamped on the passport before one
starts using EAD?
Click to expand...
-- Correct.
 
pv1976 said:
One is no longer on "H4 status" if he/she starts using EAD. That doesnt mean that the H4 stamp is not usable thereafter.
Click to expand...

Of course it's unusuable. Any violation of your status automatically invalidates the visa stamp. Working (even if authorized via an EAD) is a violation of H-4 status.
 
Hi RealCanadian

Then what is your interpretation for Ms.Murthy's response on this? specifically
this statement from her: "If the I-140 gets denied, the person will be eligible to revert to the H-4 status as long as the I-94 card has not yet expired."

Thank you for your time.
================================================== =======
Chat User : A spouse on H-4 wants to use his / her EAD while I-140 is pending. Will s/he be out of status if the I-140 gets denied and can s/he come back to H-4 again?

Attorney Murthy : As long as the H-4 status is valid, a person may maintain both the H-4 and the I-485 pending status. If the I-140 gets denied, the person will be eligible to revert to the H-4 status as long as the I-94 card has not yet expired. If the H-4 status is about to expire, the person should either file an extension or, upon the I-140 denial, should plan on traveling abroad and applying for the H-4 visa stamp at the consulate and reentering on H-4 status in order to live legally in the U.S. In such cases, it may require the person who was not on any status even for a single day to mention that s/he was "unlawfully present" in the U.S. on the visa application form at the consulate. The dual intent doctrine under law allows one to change between the H status and the I-485 pending status, and both may be valid simultaneously, so it is safest to maintain both whenever possible. These issues have been crystallized in the March 2000 and May 2000 Legacy INS Memos and may be reviewed on MurthyDotCom.
================================================== =======
 
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