Question Regarding EAD and employment

B

bobby_rad

Registered Users (C)
Hi Gurus,

Scenario:
Myself and my wife have both EAD's and our H1 and H4 are valid till Oct 2005.
Till now we haven't used our EAD, and our first EAD is expiring on Dec15 2004, and i applied for renewal only last week (16 th Nov), and my wife started working from yesterday(22 Nov) using her EAD.

now my questions

1. Can she work after DEC15? Can we show the receipt notice to the employer and start working?

2. As she is going to use her EAD, Does it has any effect on My H1 and Her H4( B'cos both are valid till October 2005). Does this has any effect on my H1 and her H4.


Thanks much
 
Answer to question 1 is no. Showing receipt of 2nd EAD application is not enough to continue working past Dec 15th, she'll need the new EAD.

Regding Qn 2, your wife working on EAD has no effect on your H1B. Since she works using EAD, I think she will no longer considered to be on H4 and to get back to H4 status, will need to exit and enter the country (getting H4 stamped if required).
 
Not having EAD would disallow her to work but that does not mean she is out of status; status and work authorization are two different things. Her status would be AOS pending.

Kashish

bobby_rad said:
Thand Bharad1,

But now in that case, Does my wife is out of status?

Bobby
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