What should I do ? H4 or EAD

M

MDwatch

Registered Users (C)
My wife's H4 will expire in april 08. I am wondering what is the best option for her (she has a pending I-485):

1- renew her H4 to have a safety net and apply for EAD and advance parole at a later date

2- get an EAD and advance parole only

Now one question, when you are on H4 and you then start working on EAD, you abandon your H4 status. If you leave the country and come back in, can you re-enter as H4 or do you need to have your advance parole ?

Thanks for your help.
 
MDWatch:

If your wife intends to work then there is no point in extending her H-4. A pending I-485 application itself is enough to keep her status, supplemented by EDA for work authorization and AP for international travel. In case she want to be back in H-4 in future, she can get that stamped at an U.S. consulate, provided you maintained your H-1.
 
manwithnoname said:
MDWatch:

If your wife intends to work then there is no point in extending her H-4. A pending I-485 application itself is enough to keep her status, supplemented by EDA for work authorization and AP for international travel. In case she want to be back in H-4 in future, she can get that stamped at an U.S. consulate, provided you maintained your H-1.
Click to expand...

Thanks for the answer. I have another question related to form I-129. I am not sure if I understand the question properly. In H1B Data Collection, Part C, question 5. I have been here for 6 years on H1B and never left the US except for vacations. I think I should answer yes. What do you think ?
 
MDWatch:

In my opinion the entire Part C is about Numerical Limitation Exemption information. Therefore, in your case the answer should be 'Yes'.
 
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