Question on EAD and I-94

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victor_shark

Registered Users (C)
I am currently on H1B in the USA waiting for my I-485 date.Once I get my EAD do I no longer have to worry about my I94 date? i.e do I have to make sure that I have a valid I94 at all times. Or is that we get separate I-94 wrt the EAD? Pl let me know...


Thanks
 
Thanks. Can you pl elaborate? Do you mean if I get EAD I no longer need to worry about H1 status? i.e can i stay in the US as long as EAD is valid?
 
it's up to your choice.
If you use EAD to work, your H1 status is gone and I-94 has no value. If you want to be on H1 status, you shouldn't use EAD and you need to keep extending I-94.

If you use EAD, you can stay in the US as long as I-485 is pending, not as long as EAD is valid because EAD is valid only while I-485 is pending.
 
victor_shark said:
I am currently on H1B in the USA waiting for my I-485 date.Once I get my EAD do I no longer have to worry about my I94 date? i.e do I have to make sure that I have a valid I94 at all times. Or is that we get separate I-94 wrt the EAD? Pl let me know...


Thanks
Click to expand...

It is up to you to decide to use EAD or H1. If you use EAD your H1 is invalid. H1 status has advantages if you are on H1 status better not to use EAD and let employer file H1 extension before your current I-94 gets expired. If employer files H1 extension then you will get new extended I-94 attached with H1 extension approval notice. Many get EAD and still remain on H1 status. Getting EAD does not mean that you MUST use EAD.
EAD is not status EAD is only for work and you EAD does not decide till what date you can stay in US. You can stay in US till I-485 is pending and not get denied. Once I-485 gets approved you get GC.
 
So it means that even though the primary has EAD, his dependents (i.e on H4) still have to maintain their H4 status i.e the H1 status of the primary should be valid. So essentially the primary having EAD is of no particularly value except that spouse on H4 can start working if her EAD is approved, but the child still has to maintain H4 valid status.

Is this correct?

Thanks!
 
Yes, the child would have pending I-485,but on what status will the child live in the US till I-485 is approved? The child will not have EAD and I guess will need to have some valid status like H-4 till I-485 gets approved. Parents will have EAD and it will not be an issue for them. But in order for the child to have valid H-4 status will the parent need to maintain H1 status?

Sorry but I am very confused by this scenario especially on the child status. Can you pl help me on this?

Thanks!
 
victor_shark said:
Yes, the child would have pending I-485,but on what status will the child live in the US till I-485 is approved?
---------------------child can be on H4 status (if Father/mother is on H1 status . Child will also have I-485 pending status OR Pending AOS status (if I-485 is pending)
The child will not have EAD and I guess will need to have some valid status like H-4 till I-485 gets approved.
------------ If the child has H-4 or Pending I-485 that is OK
Parents will have EAD and it will not be an issue for them.

---------------EAD is NOT status.

But in order for the child to have valid H-4 status will the parent need to maintain H1 status?
-----------------YES. H4 is based on H1 status of Parent. file H4 extensions of child/spouse with H1 extension (one should inform lawyer to file H4 extensions as they dont know you have spouse.child on H4 with you).

Sorry but I am very confused by this scenario especially on the child status. Can you pl help me on this?

Thanks!
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