Validity of H1B vs EAD

[baski00]

Gurus
I am working in company A with their H1B Visa. I got EAD thru company B. I am not planning to use EAD for myself, plan to continue in H1B Visa with company A. But my wife who is in H4 will like to use EAD.

My question is whether the use of EAD by my wife (H4 visa holder) will affect my H1B status validity or not?

Thanks for your help
Baski

 

[ginnu]

Gurus
I am working in company A with their H1B Visa.
I got EAD thru company B.
I am not planning to use EAD for myself, plan to continue in H1B Visa with company A.
But my wife who is in H4 will like to use EAD.

My question is whether the use of EAD by my wife (H4 visa holder) will affect my H1B status validity or not?
------ NO affect on YOUR H1B status if she uses EAD, if she uses EAD then her H4 status will be invalidated and she will need AP filed IN US and APPROVED IN US before she goes out of US. she should also file renewal of her EAD 5-6 months advance of EAD expiry date, she should keep valid AP in hand and be back to US before AP expires. If in future she does not want to work or use EAD AND you are still on H1 status( you hve NOT used EAD) then she can also get H4 Visa stamp and can enter US on H4 status


**** If your employer filed your I-140 and I-485 and if your I-140 is still NOT approved then to be safe better she should not use EAD till your I-140 gets approved becase if I-140 gets denied then EAD, AP I-485 all get denied

Baski

 

[baski00]

[Ginnu's comment
**** If your employer filed your I-140 and I-485 and if your I-140 is still NOT approved then to be safe better she should not use EAD till your I-140 gets approved becase if I-140 gets denied then EAD, AP I-485 all get denied]

Ginnu, thanks for your prompt reply.

Even if my I140 is denied, my wife can stop using EAD, switch back to H4, right? I plan to hold my current H1 status in company A until I get I140 approval with company B. Do you see any issues for this approach??

 

[ginnu]

[Ginnu's comment
**** If your employer filed your I-140 and I-485 and if your I-140 is still NOT approved then to be safe better she should not use EAD till your I-140 gets approved becase if I-140 gets denied then EAD, AP I-485 all get denied]

Ginnu, thanks for your prompt reply.

Even if my I140 is denied, my wife can stop using EAD, switch back to H4, right?
----if that time she has H4 valid Visa and valid I-94 or she has to go out and get H4 visa stamp and can enter on H4 status
I plan to hold my current H1 status in company A until I get I140 approval with company B. Do you see any issues for this approach??

---- it is always better to be on H1 status