Using EAD and then changing Stauts back

G

gcuser111

Registered Users (C)
Hello All,
I have applied for 485,EAD and AP in Feb,2007. I am on H1 since last 3.5 years.

My PD is current in EB2 category.

I would like to be in H1 status as it is better to be in that status for number of reasons.

But my wife is in H4 status and she would like to use EAD so that she can work too...

I have some questions below

1.If for any reason my 485 gets denied , can she immediately change the status to H4 ?

2.Does she has to go out of USA and come back on H4 ?

3.As wife is using EAD, will that affect my status ?


Thanks in advance....
 
gcuser111 said:
Hello All,
I have applied for 485,EAD and AP in Feb,2007. I am on H1 since last 3.5 years.

My PD is current in EB2 category.

I would like to be in H1 status as it is better to be in that status for number of reasons.

But my wife is in H4 status and she would like to use EAD so that she can work too...

I have some questions below

1.If for any reason my 485 gets denied , can she immediately change the status to H4 ?

She can apply to acquire H4 again as a dependent.

2.Does she has to go out of USA and come back on H4 ?
Yes, She has to go outside to get the H4 since she already lost the status by using EAD. She can not acquire the H4 status from here and if she insist to stay more than 180 days she will be subject to 3 years bar, if she stay more than a year she will be subject to 10 year bar (not allowed to re enter the US for 3 or 10 years)
3.As wife is using EAD, will that affect my status ?

The dependents (H4) can not affect the status of the principal (H1) by any mean, if she change to F1, H1 used the EAD, violate her status.......etc, No effect on you. The reverse is true, change in your status will affect her status immediately.
Thanks in advance....
Click to expand...

Thanks
 
Thanks mmed for reply

2 more question...

1. If my wife uses EAD then switches back to H4 will there be any issue in her 485 approval process ?

2. Will there any issues like she will be out of status etc....which may cause some problem for her 485 approval?
 
Hi I am new to this site. So if make a mistake I aplogize. Anyway here is the situation. My husband applied for his renewal EAD on Dec 27, 2007 and as of yet we haven't received it. Tha same message is on the 800 # when I call. As of Dec 27 we received your blah blah blah. I'm sure you guys know the message. His card expired in Feb so now he's out of a job. On the website it states after 90 days you can go to your local office and receive the interim card which is bull from what our lawyer says. They stop the card in Oct 2006. What the heck can we do? His employer says they will keep on the books for 1 more week and then let him go offically. I know it will be a waste of time on the 91st day to go to the office. What are we suppose to do? We are going to be w/o health insurance and what are we suppose to do with our bills? They do not care when u ask them these questions. By the way we had his AOS interview on Jan 23,2007 in Garden City, NY and yet to receive a welcome letter even though Officer Metaxas verbally approved him. I called her today and she is so nasty and said she can't and will not help me. Please any suggestions will be helpful. I AM VERY STRESSED OUT and losing sleep.
 
gcuser111 said:
Hello All,
I have applied for 485,EAD and AP in Feb,2007. I am on H1 since last 3.5 years.

My PD is current in EB2 category.

I would like to be in H1 status as it is better to be in that status for number of reasons.

But my wife is in H4 status and she would like to use EAD so that she can work too...

I have some questions below

1.If for any reason my 485 gets denied , can she immediately change the status to H4 ?
-------------she need to go out of US and then get H4 visa based on your H1 status then enter US on H4 status.
if she has valid H4 visa stamp then she can go to Canada/Mexico and on entry to US can get H4 based I-94.
2.Does she has to go out of USA and come back on H4 ?
--------------YES
3.As wife is using EAD, will that affect my status ?
------------NO

Thanks in advance....
Click to expand...
--------
 
Lorza said:
Hi I am new to this site. So if make a mistake I aplogize. Anyway here is the situation. My husband applied for his renewal EAD on Dec 27, 2007 and as of yet we haven't received it. Tha same message is on the 800 # when I call. As of Dec 27 we received your blah blah blah. I'm sure you guys know the message. His card expired in Feb so now he's out of a job. On the website it states after 90 days you can go to your local office and receive the interim card which is bull from what our lawyer says. They stop the card in Oct 2006. What the heck can we do? His employer says they will keep on the books for 1 more week and then let him go offically. I know it will be a waste of time on the 91st day to go to the office. What are we suppose to do? We are going to be w/o health insurance and what are we suppose to do with our bills? They do not care when u ask them these questions. By the way we had his AOS interview on Jan 23,2007 in Garden City, NY and yet to receive a welcome letter even though Officer Metaxas verbally approved him. I called her today and she is so nasty and said she can't and will not help me. Please any suggestions will be helpful. I AM VERY STRESSED OUT and losing sleep.
Click to expand...

1 contact your Congressman /senator local office and explain in details on the letter go with copy of all filing receipts.

2 Going to local USCIS on 91 day is not bad idea they can’t give EAD but can send the request to USCIS service center. If the officer at window is not helpful ask for supervisor

do1and2
 
gcuser111 said:
Thanks mmed for reply

2 more question...

1. If my wife uses EAD then switches back to H4 will there be any issue in her 485 approval process ?

2. Will there any issues like she will be out of status etc....which may cause some problem for her 485 approval?
Click to expand...

1- Not at all, on contrary the USCIS advices people with pending AOS to have valid H status in case their I-485 get denied.

2- There are two different issues; out of status and accumulating illegal stay. If she is out of status, It is a minor problem (solvable) which MOSTLY will not affect her AOS. If accumulating less than to 180 Days illegal staty, still not major problem and she can go out to get the H4 stamp (actually not the stamp is the important issue, it is the I-94 indicating the status when she re enter back)

The very big problem is if any one accumulating more than a year illegal stay, this mostly will affect AOS, unless he/she do other actions (needs a lawyer at that time)
 
Lorza said:
Hi I am new to this site. So if make a mistake I aplogize. Anyway here is the situation. My husband applied for his renewal EAD on Dec 27, 2007 and as of yet we haven't received it. Tha same message is on the 800 # when I call. As of Dec 27 we received your blah blah blah. I'm sure you guys know the message. His card expired in Feb so now he's out of a job. On the website it states after 90 days you can go to your local office and receive the interim card which is bull from what our lawyer says. They stop the card in Oct 2006. What the heck can we do? His employer says they will keep on the books for 1 more week and then let him go offically. I know it will be a waste of time on the 91st day to go to the office. What are we suppose to do? We are going to be w/o health insurance and what are we suppose to do with our bills? They do not care when u ask them these questions. By the way we had his AOS interview on Jan 23,2007 in Garden City, NY and yet to receive a welcome letter even though Officer Metaxas verbally approved him. I called her today and she is so nasty and said she can't and will not help me. Please any suggestions will be helpful. I AM VERY STRESSED OUT and losing sleep.
Click to expand...


Lorza, call the service center (which service center?) and enquire about your case and also contact your local senator and ask for help.
I read in this forum that USCIS is now issuing EAD with 60 days time period. Not sure how true it is.

what is your pd and are you from retrogressed country?
 
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