Please help!

H

hardlu

Registered Users (C)
Our I485s are pending. My wife got H4 when she lost the job, and later she got EAD. Now she is working using EAD.

My H1B will be expiring soon. So, I am going to file the H1B renewal. I have a couple of questions:

1. Does my wife need to renewal her H4 as well? What is current status?

2. In case our I485s were denied, can my wife changed her current status to H4? I assume at this future time, I should be holding my renewed H1.

Thanks a lot in advance. Any inputs are apprecited.
 
1. As she is working on EAD, she lost her H4 status. She is now purely AOS applicant (not H4 anymore).

2. Yes, if I485 is denied, she can change back to H4 (provided you have a valid H1). But she needs to leave her job before that, because her EAD becomes invalid with I485 denial.
 
Is'nt it true that when any one of two uses EAD that invalids the H1B? So how can he renew his H1b?

Unbelievable. :confused:
 
does my wife's using EAD invalidate my H1B??

So, you think that my wife's using EAD invalidate my H1B???
I do not think this is true. But please point out to me if you see some official document regarding this.
thanks,
 
Do you have a lawyer? If yes, contact with him and explain your situation. What I remember my lawyear told me the same as I told you.

Unbelievable :(
 
Unbelievable said:
Is'nt it true that when any one of two uses EAD that invalids the H1B? So how can he renew his H1b?

Unbelievable. :confused:
Click to expand...

That is not true, dependent using EAD will not invalidate the primary applicant's H1.
 
Sorry about the confusion. Yes, you are right ar888. I got confused with the
primary and secondary. Sorry Again.

Unbelievable :eek: :eek:
 
This is little bit complicated than you think. I read somewhere on Murthy's site that if you apply for H-4's extension and if USCIS approves it, then H-4 regains the H status even if he/she has used EAD or AP before. So, I would suggest check with your attorney and I still think you would be better off applying for extension for your wife, the reason I think that way is that if your I-485 get rejected(which I don't think is going to happen), then your wife automatically falls back on H-4 status. But think if you don't apply for extension and you apply when there is a problem with I-485, the USCIS is going to think that your wife's approval expired long time back (if the officer is not smart enough and doesn't check about I-485). Then you have a problem at hand and they may reject extension at that point.

I don't know if I confused you or solved your question.
 
PremChopra said:
.I read somewhere on Murthy's site that if you apply for H-4's extension and if USCIS approves it, then H-4 regains the H status even if he/she has used EAD or AP before.
Click to expand...

Yes, the law is exactly what it say here - "if he/she has used before". As she is working on EAD that means she is still using her EAD. There is no "before" here. She will be eligible to regain her H4, only if she gives up EAD job.
 
I am little confused, my wife is in h4 and has ead. If she takes up job using ead does this mean she loose her h4 though she has valid h4. Now, lets say after work for 3 months using ead, if she looses her job, then what will be her status? Is she will be back to h4 automatically?

Unbelievable :confused: :confused:
 
Unbelievable said:
I am little confused, my wife is in h4 and has ead. If she takes up job using ead does this mean she loose her h4 though she has valid h4. Now, lets say after work for 3 months using ead, if she looses her job, then what will be her status? Is she will be back to h4 automatically?

Unbelievable :confused: :confused:
Click to expand...


When she starts working on EAD, she looses her H4 status automatically.
When she looses/leaves her EAD job, she needs to convert back to H4 (that's not automatic). She does not need to do it immediately after she looses her job. When she goes out of USA, while returning she can re-stamp her passport with H4 and enter USA using that visa.
 
hardlu said:
So, you think that my wife's using EAD invalidate my H1B???
I do not think this is true. But please point out to me if you see some official document regarding this.
thanks,
Click to expand...
Not true. If your wife uses ead it invalidates her H4 only not your H1B. Your H1B becomes invalid when you use your EAD. You cannot renew H4 for your wife since she is using EAD, her status is adjustemnt of status pending(till I-485 approval),
 
Lets assume dependent on H4 uses EAD. This means her H4 is no longer valid, her status will be AOS pending. Now if she were to lose the job in say 3 months, the status would still be the same. If the primary applicants 485 gets rejected to get back H4 status she will have to go out of the country and come back on H4. If her previous H4 on passport has not expired, then she does not have to get a new stamp, but can simply enter on it and her status will convert to H4. If H4 is expired then she will new a new stamp at a US consulate. (Assuming the primary maintains H1 status, ofcourse).
 
Unbelievable said:
I am little confused, my wife is in h4 and has ead. If she takes up job using ead does this mean she loose her h4 though she has valid h4. Now, lets say after work for 3 months using ead, if she looses her job, then what will be her status? Is she will be back to h4 automatically?

Unbelievable :confused: :confused:
Click to expand...

Even if she looses her job, she doesn't loose her status as it depends on 485 pending, not on loosing job.
 
Does h4 has to be stamped on the passport? Or if she has a valid h4 notice of action and uses AP to enter USA. In my wife's case she has a approved h4 notice of action and her h4 is not stamped in the passport. Last time she entered to USA through AP.

Any thought!
 
Unbelievable said:
Does h4 has to be stamped on the passport? Or if she has a valid h4 notice of action and uses AP to enter USA. In my wife's case she has a approved h4 notice of action and her h4 is not stamped in the passport. Last time she entered to USA through AP.

Any thought!
Click to expand...


H4 notice of action is only good for staying in USA (I mean when H4 visa stamp expires, she does not need to go out of USA immediately). If her H4 visa stamp is still valid and she never used EAD, she is still in H4 status, even if she used AP last time for re-entry. But if her H4 visa stamp was expired before her re-entry to USA, she no longer entered USA as H4, but as an AOS applicant.
 
re-enter US on H4 abandons the pending I-485?

sertra2002 said:
Lets assume dependent on H4 uses EAD. This means her H4 is no longer valid, her status will be AOS pending. Now if she were to lose the job in say 3 months, the status would still be the same. If the primary applicants 485 gets rejected to get back H4 status she will have to go out of the country and come back on H4. If her previous H4 on passport has not expired, then she does not have to get a new stamp, but can simply enter on it and her status will convert to H4. If H4 is expired then she will new a new stamp at a US consulate. (Assuming the primary maintains H1 status, ofcourse).
Click to expand...

If for some reason that the dependent has to and want to come back on H4 while either the primary or derivative I-485 is not processed, would re-entering US on H4 automatically abandons the pending (derivative) I-485? Could the dependent coming back on H4 still be able to work on the EAD?

Thanks.
 
Unbelievable,

Best thing to do is consult an immigration lawyer or ask your immigration lawyer if your processing your case through a lawyer.

Here is what I was advised by my attorney.

Even if she has EAD, apply for H4. The purpose of H4 is to have a valid I94. If anything goes wrong with I485, she will still be considered in status.

Without H4, and, hence valid I94, since the time ir expired(since the time your wife lost her hob) and her stay during all the period between H1 expiry date and I485 decision will be considered out of status, if anything negative happens with I485.

You donot need passport to be stamped. For H1, I94 will be at bottom of approval notice and may be H4 approval notice will have I94 at the bottom.

I am not an expert. Rather than trying to make decisions based on forum messages, better consult a lawyer for important issues like this.
 
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