What will be the H4 status after EAD

[tchennakesh]

Hi,

I am confused with the H4/EAD statuses for my wife. I tried to listen all the conference calls by Rajiv and I didn't notice any of them talking about this issue.

Here is my question.

My wife is on H4. We both got EAD's recently. I applied for the SSN thinking that it won't effect her H4 status.

Here are my questions

Q 1. Will there be any change of status from H4, since we applied for SSN though she didn't start work?

Q 2. Let us say, she travels to India in Jan'08 and planning to use EAD in the mean time. What will be her status on Jan'08? Can she return back on her H4 visa which was already stamped on her passport?

Q 3. After coming to USA in Feb' 08, what will be her status (assuming she worked in USA for the months Nov'07 and Dec' 07)?

Q 4. In case her status became to EAD after working in USA in the months of Nov'07 and Dec' 07, Can she come back on H4 Visa or does she need to apply for Advanced Parole (Currently we didn't work AP for her)

Q 5. Is it possible for her to switch from EAD to H4 whenever she wants?

These are the questions confusing me from long time.. I failed to get expert's comment on this. Please answer my questions.

Thanks a ton.

Regards

 

[TheRealCanadian]

Will there be any change of status from H4, since we applied for SSN though she didn't start work?

No. While SSA requires an EAD in order to apply for an SSN, USCIS does not consider getting an SSN a violation of H-4 status.

Let us say, she travels to India in Jan'08 and planning to use EAD in the mean time. What will be her status on Jan'08? Can she return back on her H4 visa which was already stamped on her passport?

I would say yes, provided she doesn't intend to work at the time of her re-entry.

After coming to USA in Feb' 08, what will be her status (assuming she worked in USA for the months Nov'07 and Dec' 07)?

H-4.

Is it possible for her to switch from EAD to H4 whenever she wants?

Sure, if she leaves and re-enters the US using her H4.

 

[tchennakesh]

Thanks for your reply.

To extend this, I want to ask one more question, if you don't mind.

Now she can switch to and from EAD --> H4 --> EAD --> H4 Whenever she wants? She already have H4 visa stamped upto Dec' 2009.

Once she enters the USA with H4 VISA, she will be on H4 status as per the answer for Q 4.

Is it possible for her to go back to EAD after coming to USA using the H4 at port of entry?