Primay Application on EAD, Wife entered to US on H4

T

tchennakesh

Registered Users (C)
I can not decide what will be the impact of having the primary on EAD and wife entered US on H4 Visa. Please throw some light on this

Here is my case.

1. I have H1B valid until 26-Nov-2009. Today's date 06-Nov-2009.

2. I changed my status to EAD in 01-Aug-2009. I submitted I9 form with my EAD. I am right now working on EAD.

3. My wife went to India in September (she also has EAD and worked for some time).

5. Now she entered to US on H4 and got I-94 valid until 26-Nov-2009.

Now what will be the impact

--> What is her status after 26-Nov-2009.
--> Do we need to inform USCIS about this.
--> Is there any impact to the primary applicant.
--> Can she get her EAD status back or she has to leave by 26-Nov-2009.

Please help me here.
 
Does your wife have a pending I-485 application of her own?

If she does: Do nothing. Even though she was admitted erroneously on H-4, she is automatically out of status because there is no principal H-1B. However, just like you, she is in authorized stay because of a pending I-485, so she is in the same situation as yourself already. You don't have to do anything else, but just be aware that she has automatically fallen out of H-4 status.

If she does not: Then she is in the US with no authorization and may be accumulating days of unlawful presence.
 
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