Question on EAD/H4

A

ajkk

Registered Users (C)
Hi Guys,

My wife is on H4 and she got her EAD yesterday. She wants to work on EAD.
She doesnt have valid visa in her passport, we are planning for India trip soon and also planning to go to US embassy for stamping as our visa got expired.

My questions are
1. Can my wife apply for a visa after she starts using EAD? and later can she extend her H4 along with my H1 extension which I'm going to apply mid next year?
2.Is it ok to travel just on AP for her if she doesnt want to apply visa?

Please suggest.

Thanks
AJ
 
Is status change from H4 to EAD and back to H4 possible?

My questions are similar to the ones in the earlier post,
1. Can I still maintain my H1 if my wife uses her EAD to work?
2. If the answer to the above is yes, then what will she need to do to go back to H4 in future if needed?

I'd appreciate any expert insight on this.
 
ajkk, from your post, if your wife uses her EAD she is no longer an H-4 hence will not be able to renew her H-4 visa because she has used the EAD card and is using that to work. As you stated she has AP so you should use that to come in and out of the country. With regard to the H-1 extension you can get that but you cannot get H-4 extension for your wife because she is using the EAD to work. However if your wife decides to stop working and return to H-4 then she can do that by using your H-1 but then she should not work.
 
vicky006,

Yes, you can still keep your H-1 while your wife works on EAD, it is better to do that, and in fact i am doing this.

To go back to H-4 she needs to stop working, and then apply for I-539 extension of status, in order to go back to H-4, and it will be based off you H-1 paperwork.
 
darren102 said:
To go back to H-4 she needs to stop working, and then apply for I-539 extension of status, in order to go back to H-4, and it will be based off you H-1 paperwork.
Click to expand...

I strongly doubt that she could file an I-539, since once she uses her EAD she no longer has a non-immigrant status.
 
TheRealCanadian, your probably right, i am not sure, i am only going off what i had to do for my wife, admittedly she was still H-4 when filing the I-539, however if not filing that and provided you are off the EAD i.e. not working, i believe you can get your H-4 back because of your spouses H-1. Is this not the case when the AOS (I-485) is denied and the H-1 keeps their H-1 and then the EAD using (former H-4) then returns to H-4 status??
 
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