SSN after EAD

[sonupv]

Hi Everybody,

Does a person on H4 visa has to apply for a social security number when he/she gets and EAD ?

How does that work ?

Thanks in advance for your help.

Sonu

 

[ginnu]

Hi Everybody,

Does a person on H4 visa has to apply for a social security number when he/she gets and EAD ?
How does that work ?
------------ if H4 holder gets EAD then CAN apply for SSN, go to SSA office fill up the form, show EAD and passport they will send SSN card. Getting SSN based on EAD does not invalidate h4 status.

Thanks in advance for your help.

Sonu

 

[LaborBadhi]

Hi Ginnu -

What happens if he/she work on EAD? loose his/her H4 status?

What happens if I-140 denied? does his/her status change back to H4 automatically??

 

[TheRealCanadian]

What happens if he/she work on EAD? loose his/her H4 status?

Yes. Getting the SSN won't kill the H-4, but working certainly will.

What happens if I-140 denied? does his/her status change back to H4 automatically??

No, the alien is out of status and needs to get a new H-4 visa stamp and re-enter the US.

 

[LaborBadhi]

Yes. Getting the SSN won't kill the H-4, but working certainly will.



No, the alien is out of status and needs to get a new H-4 visa stamp and re-enter the US.

Thanks! TheRealCanadian - Need to re-enter the US? or just apply for new H4 is enough?
I am in impression that just apply new H4 with USCIS is enough to get status back on.

 

[Madison04]

...I am in impression that just apply new H4 with USCIS is enough to get status back on.

I don't think so. Using an EAD means you give up your nonimmigrant status. In order to switch back, you do need to actually leave the country and go to a US consulate to get the actual H-4 VISA STAMP. This is not the same as switching from F-1 to H-1 in US...

 

[LaborBadhi]

I don't think so. Using an EAD means you give up your nonimmigrant status. In order to switch back, you do need to actually leave the country and go to a US consulate to get the actual H-4 VISA STAMP. This is not the same as switching from F-1 to H-1 in US...

Thank you. In this situation do we need to apply new H4 with USCIS and get stamp on passport @ US CONSULATE? or can go directly to consulate with spouse H1B copy and required docs?

 

[ginnu]

Hi Ginnu -

What happens if he/she work on EAD?

loose his/her H4 status?
-YES
What happens if I-140 denied?
--------I-485 for both of you will be denied and EAD AP will be invalid
does his/her status change back to H4 automatically??
---------NO
She needs to depart US and get H4 visa stamp and enter on H4 status IF you are on H1 status. if she has valid H4 visa stamp then exit US and again enter US will get I-94 based on H4 visa stamp

*** if I-140 is not approved and I-485 not pending more then 180 days better remain on H1 and H4 status and dont use EAD

 

[Madison04]

Thank you. In this situation do we need to apply new H4 with USCIS and get stamp on passport @ US CONSULATE? or can go directly to consulate with spouse H1B copy and required docs?

No, in your situation you don't apply H-4 through USCIS. You can switch between certain visa types (e.g. H1 to H4, H4 to F1, etc.) only when they're all nonimmigrant-based. To go from AOS pending to H4, you have to go through US consulate directly. Ginnu has explained it very well.

 

[LaborBadhi]

Thanks! Guys!!

Thanks! All. Its very informative. I hope it should not arise this situation.