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Using EAD invalidate H4?
- Thread starter s_jojo
- Start date
MydreamUSA.
Registered Users (C)
no.
H4 is based on a benefit derived from H1/h2 non-immigrant visa.
EAD ,in this case, is based on a benefit derived from pending Adjustment of Status application.
Therefore, using EAD would not impact your H4 status. In the other words, you are so-called "in dual intent status?". Similarly, if H1 uses EAD to do some part-time work for non-sponsing employers, such EAD usage won't impact H1 status.
H4 is based on a benefit derived from H1/h2 non-immigrant visa.
EAD ,in this case, is based on a benefit derived from pending Adjustment of Status application.
Therefore, using EAD would not impact your H4 status. In the other words, you are so-called "in dual intent status?". Similarly, if H1 uses EAD to do some part-time work for non-sponsing employers, such EAD usage won't impact H1 status.
sertra2002
Registered Users (C)
I have to correct srireddy and MydreamUSA, as both are wrong. If you use EAD, your H status becomes invalid. Does not matter if it is H1 or H4. Once you use EAD, the non-immigrant status is gone and you are on an "Adjustement Of Status pending" status. You then need to use AP to travel and ofcourse, EAD to work.
sertra2002
Registered Users (C)
MydreamUSA. said:no.
Therefore, using EAD would not impact your H4 status. In the other words, you are so-called "in dual intent status?". Similarly, if H1 uses EAD to do some part-time work for non-sponsing employers, such EAD usage won't impact H1 status.
That is not correct. Using EAD is the sure shot way of invalidating non-immigrant status.
If the primary uses EAD even to work for the sponsoring employer, non-immigarnt status is lost. Only way to regain it is for the primary to re-enter using H1-/L-1.sertra2002 said:That is not correct. Using EAD is the sure shot way of invalidating non-immigrant status.
musiclover
Registered Users (C)
I agree with serta. Using EAD invalidates H-4 status. In fact according to my attorney the only way to get back to H-4 status is to go back to your home country and apply for a H visa (assuming 6 yrs limit is not up).
come2papagc
Registered Users (C)
Once you use EAD while on H4, if you loose you 'Adjustment status' , then you need to re-apply for H4.
You just can't get H4 status back after using EAD.
Though the user of EAD need to apply H4, H1 will be intact and can continue his/her work still in US without any concern/violation of Immigration Law.
Sorry to hear you situation. Good Luck.
And your best bet will be shooting an eMail to Mr. Rajiv
You just can't get H4 status back after using EAD.
Though the user of EAD need to apply H4, H1 will be intact and can continue his/her work still in US without any concern/violation of Immigration Law.
Sorry to hear you situation. Good Luck.
And your best bet will be shooting an eMail to Mr. Rajiv
MydreamUSA.
Registered Users (C)
musiclover and others,
I parially agree with you. My response was based on the assumption that one on H1 or H4 has a valid Non-immigrant Visa Stamp /I-94 with reference to non-immigrant status. Under this scenario, if one also draws benefits from EAD of AOS that should not cancel one's H1B /h4 status. That is very reason, many attorneys encourage clients to maintain dual status while adjusting their status so that if I-485 is challanged (denied/rejected), one can continue his/her lawful stay in the country.
I parially agree with you. My response was based on the assumption that one on H1 or H4 has a valid Non-immigrant Visa Stamp /I-94 with reference to non-immigrant status. Under this scenario, if one also draws benefits from EAD of AOS that should not cancel one's H1B /h4 status. That is very reason, many attorneys encourage clients to maintain dual status while adjusting their status so that if I-485 is challanged (denied/rejected), one can continue his/her lawful stay in the country.
MydreamUSA. said:musiclover and others,
I am in H1 and working for the original employer.
My wife is in H4 and got her EAD. In order to get a job, we need to get the SSN based on the EAD. When we went to the SSN office, they told me that they could not find out her EAD info in their system. So the officer told me that she is going to request the Homeland Security to put her EAD information in the SSA office System. However, we don't have any job lined up for her, but I thought of getting her SSN in case if we find a job. Now My question aries here that since we requsted her SSN, and SSN office requested the Homeland Security, Will her Status chage ? What could be the status for my wife's H4 ? I DO WANT to keep her H4 status until she gets the job.
Really confused her status ? I really appreciate your feedback. United Nations, Mydream USA, others please help.
Thanks
I parially agree with you. My response was based on the assumption that one on H1 or H4 has a valid Non-immigrant Visa Stamp /I-94 with reference to non-immigrant status. Under this scenario, if one also draws benefits from EAD of AOS that should not cancel one's H1B /h4 status. That is very reason, many attorneys encourage clients to maintain dual status while adjusting their status so that if I-485 is challanged (denied/rejected), one can continue his/her lawful stay in the country.
I am in H1 and working for the original employer.
My wife is in H4 and got her EAD. In order to get a job, we need to get the SSN based on the EAD. When we went to the SSN office, they told me that they could not find out her EAD info in their system. So the officer told me that she is going to request the Homeland Security to put her EAD information in the SSA office System. However, we don't have any job lined up for her, but I thought of getting her SSN in case if we find a job. Now My question aries here that since we requsted her SSN, and SSN office requested the Homeland Security, Will her Status chage ? What could be the status for my wife's H4 ? I DO WANT to keep her H4 status until she gets the job.
Really confused her status ? I really appreciate your feedback. United Nations, Mydream USA, others please help.
Thanks
My wife is in H4 and got her EAD. In order to get a job, we need to get the SSN based on the EAD. When we went to the SSN office, they told me that they could not find out her EAD info in their system. So the officer told me that she is going to request the Homeland Security to put her EAD information in the SSA office System. However, we don't have any job lined up for her, but I thought of getting her SSN in case if we find a job. Now My question aries here that since we requsted her SSN, and SSN office requested the Homeland Security, Will her Status chage ? What could be the status for my wife's H4 ? I DO WANT to keep her H4 status until she gets the job.
Really confused her status ? I really appreciate your feedback. United Nations, Mydream USA, others please help.
Thanks
musiclover said:I agree with serta. Using EAD invalidates H-4 status. In fact according to my attorney the only way to get back to H-4 status is to go back to your home country and apply for a H visa (assuming 6 yrs limit is not up).
sertra2002 said:I have to correct srireddy and MydreamUSA, as both are wrong. If you use EAD, your H status becomes invalid. Does not matter if it is H1 or H4. Once you use EAD, the non-immigrant status is gone and you are on an "Adjustement Of Status pending" status. You then need to use AP to travel and ofcourse, EAD to work.
Serta, Maybe you are right. I am going by what my attorney advice, who said that once can renew your H1/H4 along with EADs as it gives option to fall back on H1/H4 if one has problems with I140s/I485s.
Who knows, these attorneys sometimes mislead to make some quick bucks I guess..
MydreamUSA.
Registered Users (C)
NCstate , I do not think getting SSN will change her status.
My spouse got her SSN in Texas back in 97 under H4..way before we even dreamed about filing for I-485 ( TX DL used to require SSN ).
Let us just clarify the fact situation here. Not long time ago, Some of us used to revalidate our H1/L1/E1.. VISAs thru State Depat with EAD/Pending I-485, which was another of ensuring that we had a dual status while I-485 iwas pending.
Therefore, I standby early statement:
iF you have :
-Unexpired Non Immigarnt Visa (H1/L1/E1) Stamp on Passport
-I-94 Card stamped with the Non-Immigrant Visa on it ( It would say
H1/H4 / valid till XXX)
you/H4 can work on your valid EAD while AOS is pending.
Obviously, if you do not work for your H1 sponsor on permanent basis...your H1 /H4 status is void.
My spouse got her SSN in Texas back in 97 under H4..way before we even dreamed about filing for I-485 ( TX DL used to require SSN ).
Let us just clarify the fact situation here. Not long time ago, Some of us used to revalidate our H1/L1/E1.. VISAs thru State Depat with EAD/Pending I-485, which was another of ensuring that we had a dual status while I-485 iwas pending.
Therefore, I standby early statement:
iF you have :
-Unexpired Non Immigarnt Visa (H1/L1/E1) Stamp on Passport
-I-94 Card stamped with the Non-Immigrant Visa on it ( It would say
H1/H4 / valid till XXX)
you/H4 can work on your valid EAD while AOS is pending.
Obviously, if you do not work for your H1 sponsor on permanent basis...your H1 /H4 status is void.
maverickvasu
Registered Users (C)
According my attorney
H4 is a dependent status, it is not effected . Well if primary is on h1 and uses EAD to work outside the sponsoring company or with the sponsoring company after H1 expiring time. It will automatically invaldate H1 visa.
vasu
H4 is a dependent status, it is not effected . Well if primary is on h1 and uses EAD to work outside the sponsoring company or with the sponsoring company after H1 expiring time. It will automatically invaldate H1 visa.
vasu
sertra2002
Registered Users (C)
MydreamUSA. said:NCstate , I do not think getting SSN will change her status.
My spouse got her SSN in Texas back in 97 under H4..way before we even dreamed about filing for I-485 ( TX DL used to require SSN ).
Let us just clarify the fact situation here. Not long time ago, Some of us used to revalidate our H1/L1/E1.. VISAs thru State Depat with EAD/Pending I-485, which was another of ensuring that we had a dual status while I-485 iwas pending.
Therefore, I standby early statement:
iF you have :
-Unexpired Non Immigarnt Visa (H1/L1/E1) Stamp on Passport
-I-94 Card stamped with the Non-Immigrant Visa on it ( It would say
H1/H4 / valid till XXX)
you/H4 can work on your valid EAD while AOS is pending.
Obviously, if you do not work for your H1 sponsor on permanent basis...your H1 /H4 status is void.
Agree with forst part, getting SSN does not change a persons status.
Whereas it is certain that if you use EAD for promary job, you lose H status, it has been a grey area whther this is the case if you use EAD for secondary job and maintain H1 for promary job. Therefore, if a person on H4 uses EAD he DEFINITLY invalidates his H4. P
Please see the following threads for discussion on this:
http://www.immigrationportal.com/showthread.php?t=154365&highlight=ead+H1+status
http://www.immigrationportal.com/showthread.php?t=147838&highlight=h1+ead
http://www.immigrationportal.com/showthread.php?t=143853&highlight=ead+H1+status
http://www.murthy.com/485faq.html#10
http://www.immigrationportal.com/showthread.php?t=139587&highlight=h1+ead
Confusing ...
Thank you all for your postings. Seems this is a gray area and different attorneys have different opinions.
Let's assume that using EAD DOES invalidate my H4, some people said that I have to leave the US and re-enter to get back to H4/H1 (I don't have a visa stamp on either my H1/H4), is it true? Can I just apply for a brand new H1/H4 in the US?????????
For your reference, my current situation is: H1B with pending 485 (not primary applicant, primary applicant is a H1 hold), got laid off, thinking of whether it is necessary to apply for H4, at the same time, looking for another job.
What is the best choice in my situation???? Does it make sense to apply for H4 at all? If I use EAD for a while, is it possible to get back to H1 (e.g., find a new company that is willing to sponsor my H1) without leaving the US and re-enter?
Thanks a ton ...
Thank you all for your postings. Seems this is a gray area and different attorneys have different opinions.
Let's assume that using EAD DOES invalidate my H4, some people said that I have to leave the US and re-enter to get back to H4/H1 (I don't have a visa stamp on either my H1/H4), is it true? Can I just apply for a brand new H1/H4 in the US?????????
For your reference, my current situation is: H1B with pending 485 (not primary applicant, primary applicant is a H1 hold), got laid off, thinking of whether it is necessary to apply for H4, at the same time, looking for another job.
What is the best choice in my situation???? Does it make sense to apply for H4 at all? If I use EAD for a while, is it possible to get back to H1 (e.g., find a new company that is willing to sponsor my H1) without leaving the US and re-enter?
Thanks a ton ...
s_jojo said:Thank you all for your postings. Seems this is a gray area and different attorneys have different opinions.
Let's assume that using EAD DOES invalidate my H4, some people said that I have to leave the US and re-enter to get back to H4/H1 (I don't have a visa stamp on either my H1/H4), is it true? Can I just apply for a brand new H1/H4 in the US????????? --------------- NO
For your reference, my current situation is: H1B with pending 485 (not primary applicant, primary applicant is a H1 hold), got laid off, thinking of whether it is necessary to apply for H4, at the same time, looking for another job.
What is the best choice in my situation???? Does it make sense to apply for H4 at all? If I use EAD for a while, is it possible to get back to H1 (e.g., find a new company that is willing to sponsor my H1) without leaving the US and re-enter? ----------- YOU CAN TRY BUT YOU WILL COME UNDER THE CAP IF YOU USE/USED EAD AS YOU HAVE TO GET A NEW H1-B AND NOT A H1-B TRANSFER. ALSO IF THEY APPROVE YOUR H1-B THEY MAY NOT SEND THE I-94 ALONG WITH IT WHICH WILL FORCE YOU TO GO OUT OF THE COUNTRY AND GET A NEW STAMP AND REENTER WHICH WILL FETCH YOU A NEW I-94.
Thanks a ton ...
For your reference, my current situation is: H1B with pending 485 (not primary applicant, primary applicant is a H1 hold), got laid off, thinking of whether it is necessary to apply for H4, at the same time, looking for another job.
What is the best choice in my situation???? Does it make sense to apply for H4 at all? If I use EAD for a while, is it possible to get back to H1 (e.g., find a new company that is willing to sponsor my H1) without leaving the US and re-enter? ----------- YOU CAN TRY BUT YOU WILL COME UNDER THE CAP IF YOU USE/USED EAD AS YOU HAVE TO GET A NEW H1-B AND NOT A H1-B TRANSFER. ALSO IF THEY APPROVE YOUR H1-B THEY MAY NOT SEND THE I-94 ALONG WITH IT WHICH WILL FORCE YOU TO GO OUT OF THE COUNTRY AND GET A NEW STAMP AND REENTER WHICH WILL FETCH YOU A NEW I-94.
I am confused. Look at the last post on this page:
http://boards.immigrationportal.com/showthread.php?t=114581&page=2
Didn't this guy have a similar situation as me? So it makes me feel that I could apply for a new H1B and won't be under H1B cap. Am I missing anything here?
What is the best choice in my situation???? Does it make sense to apply for H4 at all? If I use EAD for a while, is it possible to get back to H1 (e.g., find a new company that is willing to sponsor my H1) without leaving the US and re-enter? ----------- YOU CAN TRY BUT YOU WILL COME UNDER THE CAP IF YOU USE/USED EAD AS YOU HAVE TO GET A NEW H1-B AND NOT A H1-B TRANSFER. ALSO IF THEY APPROVE YOUR H1-B THEY MAY NOT SEND THE I-94 ALONG WITH IT WHICH WILL FORCE YOU TO GO OUT OF THE COUNTRY AND GET A NEW STAMP AND REENTER WHICH WILL FETCH YOU A NEW I-94.
I am confused. Look at the last post on this page:
http://boards.immigrationportal.com/showthread.php?t=114581&page=2
Didn't this guy have a similar situation as me? So it makes me feel that I could apply for a new H1B and won't be under H1B cap. Am I missing anything here?
sertra2002 said:I have to correct srireddy and MydreamUSA, as both are wrong. If you use EAD, your H status becomes invalid. Does not matter if it is H1 or H4. Once you use EAD, the non-immigrant status is gone and you are on an "Adjustement Of Status pending" status. You then need to use AP to travel and ofcourse, EAD to work.
This is actually quite incorrect (I used to think it was right, but my employer's lawyer enlightened me). Only time EAD invalidates H1 if it is used for a job OTHER than the one the H1 is issued for. So if you go in to your employer and say "From today I am using EAD" (you'd do this to stop your H1 clock), your H1B is just fine. My employer is paying for my H1B renewal, even though I did the above scenario, and re-entered US on AP, sort of as an insurance policy. (In the unlikely case that 485 is denied, I can continue to work for the employer using the renewed H1B)