Question On Ead Usage

T

TSC_Rocks

Registered Users (C)
My wife and I have got our EAD/AP approved recently. If my wife is on H4 currently, and I apply for her Social Security Number (SSN) based on her EAD, will she lose her H4 status as soon as I apply for her SSN or only when she finds a job and starts to work.

Thanks a lot for your help,


______________________________________
EB3
LABOR: PD: 01/23/2002 AD: 12/20/2004
I 140/485: RD: 12/29/2004 AD:???
I 765: RD 12/29/2004, AD: 01/21/2005
I 131: RD 12/29/2004, AD: 01/18/2005
 
These are the questions I had asked my attorney...If I am interpretting her correctly, applying for an SSN definetly WILL NOT invalidate her H4. She can work on EAD but can travel using her H4. As soon as she uses Advane parole to travel, her H visa status will be invalid.


1. If my wife starts work on her EAD will that automatically invalidate her H4 visa status.**
Reply -> No she does not*invalidate her H-4 status.*

2. If she starts work on her EAD can she still travel on H visa or is is does she has to use Advance Parole to travel.**

Reply ->She can still travel on the H visa even though she's working on her EAD. Since one is allowed to maintain their H visa while adjusting status it's not a problem. Once you*travel on your Advanced Parole you cannot then travel on the H.*

3. If she starts working on EAD will that invalidate my H1 B.**
Reply ->No, it will not affect your H-1B.*

Hope this helps...
 
Thanks guys, this will work..


__________________________________________________
EB3
LABOR: PD: 01/23/2002 AD: 12/20/2004
I 140/485: RD: 12/29/2004 AD:???
I 765: RD 12/29/2004, AD: 01/21/2005
I 131: RD 12/29/2004, AD: 01/18/2005
 
I was told that once your wife uses her EAD to work she will losse her H status since she is not allowed to work whene she is on H4
 
Exactly what I was told. SHE CAN NOT WORK ON A H-4 Visa. She can have an EAD but as soon as she works she can't be considered H-4 anymore.
 
deep23 said:
These are the questions I had asked my attorney...If I am interpretting her correctly, applying for an SSN definetly WILL NOT invalidate her H4. She can work on EAD but can travel using her H4. As soon as she uses Advane parole to travel, her H visa status will be invalid.


1. If my wife starts work on her EAD will that automatically invalidate her H4 visa status.**
Reply -> No she does not*invalidate her H-4 status.*

2. If she starts work on her EAD can she still travel on H visa or is is does she has to use Advance Parole to travel.**

Reply ->She can still travel on the H visa even though she's working on her EAD. Since one is allowed to maintain their H visa while adjusting status it's not a problem. Once you*travel on your Advanced Parole you cannot then travel on the H.*

3. If she starts working on EAD will that invalidate my H1 B.**
Reply ->No, it will not affect your H-1B.*

Hope this helps...
Click to expand...

Sincere advice, please do not believe your attorney on EAD and H4 relation. As soon as EAD is used, H4 will end. After using AP you may use H4 to re-enter.
 
What if wife's H4 is expiring and we send it for renewal and in the meantime she gets a job on EAD... I might be in this situation very soon

what will be her status ?


EricS said:
Sincere advice, please do not believe your attorney on EAD and H4 relation. As soon as EAD is used, H4 will end. After using AP you may use H4 to re-enter.
Click to expand...
 
This is just my understanding!
When she starts a job using her EAD she will loose her H4 status and becomes AOS pending status. When they approve her H4 extension, she becomes H4 again and looses it if she continues to work using her EAD.
 
Thanks for your response. I might have to confirm this from lawyer, we'll let you know what they say...

TTS said:
This is just my understanding!
When she starts a job using her EAD she will loose her H4 status and becomes AOS pending status. When they approve her H4 extension, she becomes H4 again and looses it if she continues to work using her EAD.
Click to expand...
 
I got the reply from my lawyer saying that we can renew our h1/h4 and still work on EAD. She can maintain both status...

I am not sure what to believe.

UnitedNations any idea? Could you please shed some light when you got couple of mins?




labornc said:
Thanks for your response. I might have to confirm this from lawyer, we'll let you know what they say...
Click to expand...
 
your lawyer's explanation is weird......
From my understanding, once you start working on EAD, you opt to the AOS(adjustment of status) and could no longer maintain the H4 status.




labornc said:
I got the reply from my lawyer saying that we can renew our h1/h4 and still work on EAD. She can maintain both status...

I am not sure what to believe.

UnitedNations any idea? Could you please shed some light when you got couple of mins?
Click to expand...
 
yes, that's what is confusing me more now...


hihisusi said:
your lawyer's explanation is weird......
From my understanding, once you start working on EAD, you opt to the AOS(adjustment of status) and could no longer maintain the H4 status.
Click to expand...
 
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