- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Question Regarding EAD
- Thread starter helpgcpro
- Start date
MydreamUSA.
Registered Users (C)
helpgcpro said:Gurus,
I am in 485 process and my H1 is expired, along with that my wife H4 is also expired. Before my H1 got expired i got EAD for me and my wife. Is my wife also can stay on EAD or she should have H4. Please suggest.
Just to be clear, EAD is a document that allows to work in the US. Your lawful status is determined in this case by pending I-485 which is pending immigrant application. The same applies to your spouse if she has a pending I-485 application.
Therefore, there is no need for you and your re-new your non-immigrant visas as you/spouse can continue your lawful stay with pending I-485 and work using EAD. However, some people including myself believe that there is a benefit to maintain a paralel non-immigrant visa (H1/H4, L1/l2...) . The benefit is that if something happens to your pending I-485 , you can use your non-immigrant visa to stay in the country lawfully.
You have to be clear about what expired H1 means ? , did you mean passport stamp or I-94 card or H1B Visa ( 6 years passed?)?
hi mydreamusa,
Thanks for your reply. I meant H1 expired is my/spouse visa/i-94. But my 6 years period is not over.
One more question is My H1/H4 visa expired on august'04 at that time i/spouse already have an EAD. At that time i didn't extend. Now can i/spouse extend H1/H4?
Thanks for your reply. I meant H1 expired is my/spouse visa/i-94. But my 6 years period is not over.
One more question is My H1/H4 visa expired on august'04 at that time i/spouse already have an EAD. At that time i didn't extend. Now can i/spouse extend H1/H4?
Rolling Hills
Registered Users (C)
Use your H1B1 if you can.
As my understanding, you couldn't extend your H1/H4 if you used EAD to work before.
I am not sure whether you can extend your H1 or not if you stayed at home for 5 months without jobs even though you didn't use your EAD.
As my understanding, you couldn't extend your H1/H4 if you used EAD to work before.
I am not sure whether you can extend your H1 or not if you stayed at home for 5 months without jobs even though you didn't use your EAD.
MydreamUSA.
Registered Users (C)
I think if your H1 based I-94 is expired in Aug 04, you are no longer in non-immigrant status. In order to re-gain H1/H4, you/spouse will need to leave US and obtain a visa stamp at overseas consulate and then re-enter us and make sure to show H1 to get your I-94 stamped with H1 statues. To be in a safe side, I were i would make sure that I had a valid AP (just in case , if the consulate does not stamp your passport with new H1/H4).
I know this sounds a lot of trouble and extra cost..I think it also depends how comfortable /"bullish" you are about prospects of your pending I-485s ..If you/your lawyer believes that you got a very strong case, may be, you should let it go.
It would not heart to get a good advice from reputable lawyer (in case, you did not have one already).
I know this sounds a lot of trouble and extra cost..I think it also depends how comfortable /"bullish" you are about prospects of your pending I-485s ..If you/your lawyer believes that you got a very strong case, may be, you should let it go.
It would not heart to get a good advice from reputable lawyer (in case, you did not have one already).