Use EAD for F-1 spouse?

[GCin-waitng]

My spouse is on F-1. Is it advisable to use EAD? (He will lose F-1 status.) We've also applied for H-4 for him. is it safer to wait till H-4 approval before using EAD?

He would like to use EAD if it doesn't create too many problems. He currently has CPT.
united.nations and other gurus, any advice?

GCin-waiting

 

[TheRealCanadian]

My spouse is on F-1. Is it advisable to use EAD? (He will lose F-1 status.) We've also applied for H-4 for him. is it safer to wait till H-4 approval before using EAD? He would like to use EAD if it doesn't create too many problems.

If he is going to work, then the H-4 is a complete and total waste, since it will be invalidated the instant he uses the EAD. Just use the EAD. I assume it's from a pending I-485?

 

[GCin-waitng]

Thanks Real Canadian. My attorney wants my spouse to have the safety of H-4....in case I-485 is rejected.
In that context can he work on EAD (from F-1) and then travel to India and get H-4 stamped and then continue to work on EAD (this time underlying visa is H-4).

Or should it be use AP and EAD and forget about H-4..But in that case, if I-485 is rejected, won't he have to leave because F-1 is a purely non-immigrant visa?

GCin-waiting

 

[TheRealCanadian]

My attorney wants my spouse to have the safety of H-4....in case I-485 is rejected.

But if he works, then there's no underlying H-4 status!

Or should it be use AP and EAD and forget about H-4..But in that case, if I-485 is rejected, won't he have to leave because F-1 is a purely non-immigrant visa?

If he works, F-1 or H-4 status gets invalidated and he has to leave, so the H-4 does nothing to help. I'd spend more time and effort ensuring the I-485 is airtight than wasting money on an H-4.