Use EAD card instead of H-4 visa

F

Fengxi Lin

New Member
Hi guys:
  I have a simple question which I hope I can get a certain answer. My wife used to have her H-4 as status evidence, but it\'s going to expired soon. The company applied a new H-1 visa for me, but didn\'t apply a new H-4 visa for my wife. My wife already have her EAD card while my I-485 is still in the Baltimore office.
  My question is if I should apply for another new H-4 visa for my wife. I talked to my goofy lawyer, and he said it\'s better to have a new H-4 visa. But I was also told it\'s good enough to have a EAD card as your status evidence. Can any body give a an idea?

  Thanks
 
You are not out of status if you filed 485...

The only problem will be if your 485 is denied which is very unlikely. Your wife is fine, EAD will let her work, H4 will not.
 
No Title

Absolutly no problem in your case. Start working with EAD, You don\'t need to apply H4 again for her.

Kiran
 
No Title

EAD is not status evidence. I485 receipt is status evidence.
Your wife can be in status without H4 or ead.

If your wife does not plan to work, you can apply for her H4 to cover the remote possibility of your 485 getting denied.
 
H1 good for principal...EAD good for dependent

My wife is in the same situation.
  
Since your wife\'s H4 is based in your H1, she can go to your country and apply for H4, based on your current H1 (any time in the future)
  
It is good to have H1 (talking about the principal applicant)...
  
For the dependents, it is more beneficial to have EAD/AP (she can work ... and some additional $$$ is not too bad)....
 
It\'s Simple

If you have EAD, and you\'ve filed your I-485, the H1 or H4 visas are not of much use. In fact the H1 will restrict you to your current employer. If you leave the country, and do not have advance parole, then you can use your H1 or H4 to re-enter. However, if you have AP, then you don\'t need your H1/H4. I guess my point is that your lawyer is giving you wrong advice. You don\'t need to apply for an H1 or an H4 and your wife can start working immediately on her EAD should she choose to do so.
 
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