Both my spouse and I have EAD but both of us are working using our H1B. Now if I want to take a break for sometime, do I need to file for H4? I understand that my H1B will not be valid if I quit my job but I am not sure whether H4 has to be filed or having EAD is enough to maintain status. Thanks in advance.
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Question regarding status - Please comment
- Thread starter abjadh
- Start date
Awaiting approval
Registered Users (C)
not just that
If you filed 485 thru your employer, you have to be working in that job or a similar job(after 180 days) for your application to be approved. If they issue an RFE for some reason, you might be required to provide proof of employment.
If you filed 485 thru your employer, you have to be working in that job or a similar job(after 180 days) for your application to be approved. If they issue an RFE for some reason, you might be required to provide proof of employment.
TheRealCanadian
Volunteer Moderator
Originally posted by abjadh
Sorry - I should have added that my spouse is the primary applicant and he will continue to work.
If you are the derivative applicant and the I-485 has been filed, you are in legal status and you do not need to work. The I-485 filing, and not the EAD, preserves your legal status.
Please remember, however, that once you quit your H-1B job you are no longer in H1B status, and will require either AP or an H-4 visa (if you are not visa-exempt) to re-enter the US. AP is probably easier since you will not require a consular interview.