Work on EAD and travel on H4 ?

haoyun04 said:
Once the dependent use the ead (which applied under I-485), he/she is at the I-485 adjustment status and no longer H4 status. Unders H4 status, he/she is not allowed to work.

The primary can be at H1B status while applying I-485, while not using EAD. It is safer if I-485 is rejected, the dependent can still go back to H4 status.

I will suggest she leave the country before a AP is in hand, it is a safe route. I think you can check Murthy.com chat transcript history to find your answer. Also it is always a good idea to consult an experience lawyer.

thanks!
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Please, don't put THE wrong information on this forum. Please read first and after you put the information available. AGAIN!!!YOU CAN WORK ON EAD AND TRAVEL WITH H4. EAD IS NOT A STATUS. THINK!!!H1B HAS DIFFERENT STORY!!!
 
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Johny,

I am not a lawyer, but those info are from my lawyer when I traveled home, if you have different opinions, fine.

Not mention you have not applied 140 and 485 yet, how could you guarentee what you said is 100% right? this is a dicussion board... Do you understand what discussion means?

I do not take it personally. hope everyone else does not either. Again, just consult an experience lawyer.
 
Also, having EAD under i-485 is different from using EAD under EAD.. you can apply for EAD (which is the benifit of I-485) but just keep it in your drawer. In this case, the spouse still can keep H4 status.
 
haoyun04 said:
Johny,

I am not a lawyer, but those info are from my lawyer when I traveled home, if you have different opinions, fine.

Not mention you have not applied 140 and 485 yet, how could you guarentee what you said is 100% right? this is a dicussion board... Do you understand what discussion means?

I do not take it personally. hope everyone else does not either. Again, just consult an experience lawyer.
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Dear,

is not my opinion. My lawyer told me about this, after that I went to the immigration site, USCIS site, etc. I tried to be very informed about this and at the end is logic.
I am tired about the fact that people are not informed and superficial.
Think a bit: my husband has H1B and I have H4. I am dependent by his visa. If I am starting to work with H4 his status can't be changed by my status because I have a dependent visa. If he will use his EAD with another company it's logic that he will lose his H1B status. During his H1B visa, as a H4 dependent ALWAYS I will have H4 either if I am using EAD or not.
 
johnnymnemonic said:
Dear,

is not my opinion. My lawyer told me about this, after that I went to the immigration site, USCIS site, etc. I tried to be very informed about this and at the end is logic.
I am tired about the fact that people are not informed and superficial.
Think a bit: my husband has H1B and I have H4. I am dependent by his visa. If I am starting to work with H4 his status can't be changed by my status because I have a dependent visa. If he will use his EAD with another company it's logic that he will lose his H1B status. During his H1B visa, as a H4 dependent ALWAYS I will have H4 either if I am using EAD or not.
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This initial question is :What happens if she starts working on EAD and wants to travel to India on H4. Can she come back on H4 visa on passport?

H4 status does NOT allow work, period. Again H4 visa is a stamp to allow you reenter into USA. See the following link. question 8.
http://murthy.com/h1bfaqs.html

If the spouse wants to work under EAD applied under i-485, by doing so, it violates the H4 regulation.
 
haoyun04 said:
This initial question is :What happens if she starts working on EAD and wants to travel to India on H4. Can she come back on H4 visa on passport?

H4 status does NOT allow work, period. Again H4 visa is a stamp to allow you reenter into USA. See the following link. question 8.
http://murthy.com/h1bfaqs.html

If the spouse wants to work under EAD applied under i-485, by doing so, it violates the H4 regulation.
Click to expand...

You are not informed either your lawyer. I just came from Europe with H4 visa. WAS VERY VERY VERY EASY AT THE AIRPORT!!!
 
haoyun04 said:
This initial question is :What happens if she starts working on EAD and wants to travel to India on H4. Can she come back on H4 visa on passport?

H4 status does NOT allow work, period. Again H4 visa is a stamp to allow you reenter into USA. See the following link. question 8.
http://murthy.com/h1bfaqs.html

If the spouse wants to work under EAD applied under i-485, by doing so, it violates the H4 regulation.
Click to expand...

I think you are very frustrated about the whole thing. Yes is true: YOU CAN'T WORK UNDER H4!!!! I am talking about EAD.
 
because you don't have EAD to work...

please do not use your own assumption to apply for different situation.

the person in orignal post has used EAD to work!!! and already lost H4 status and into AOS status.

You need a lot to learn about 485/AP/EAD.

johnnymnemonic said:
You are not informed either your lawyer. I just came from Europe with H4 visa. WAS VERY VERY VERY EASY AT THE AIRPORT!!!
Click to expand...
 
Johnny,

I let you be the solo..ok?. It is up the initiator to read the info or not.

Again, you have not applied the EAd under I-485 yet, sure your status is H4. and have no problem to come back. and you can try in your theroy later to work on EAD and come back with H4, then tell us the results... good luck!

I am leaving this topic now.

thanks
 
lc4gc said:
because you don't have EAD to work...

please do not use your own assumption to apply for different situation.

the person in orignal post has used EAD to work!!! and already lost H4 status and into AOS status.

You need a lot to learn about 485/AP/EAD.
Click to expand...

You guys are very stupid and very very wrong informed. :eek: :eek: :eek: :eek: :eek: :eek:
 
you are put wrong information to mislead people!!!!!
johnnymnemonic said:
Please, don't put THE wrong information on this forum. Please read first and after you put the information available. AGAIN!!!YOU CAN WORK ON EAD AND TRAVEL WITH H4. EAD IS NOT A STATUS. THINK!!!H1B HAS DIFFERENT STORY!!!
Click to expand...
 
lc4gc said:
you are put wrong information to mislead people!!!!!
Click to expand...

because you don't have EAD to work...

please do not use your own assumption to apply for different situation.

the person in orignal post has used EAD to work!!! and already lost H4 status and into AOS status.

You need a lot to learn about 485/AP/EAD.


Guys,

Here is Mixed masala question on H4/EAD/AP -

I am on H1(valid for another 2 years) and applied for 485.
I have not applied for EAD&AP. Don't ask why

My wife is on H4(visa valid for another 2 years) and just
received EAD. She didn't apply for AP.

What happens if she starts working on EAD and wants to travel
to India on H4. Can she come back on H4 visa on passport
 
vvvunlucky said:
Please contact proper attorney.

As per my knowledge last 8 years (on H1) and spouse on EAD last 3 years, others seems to be right except johnny.

We may be wrong as some our cases crossed beyond 6 years H1 limit. So good advice is contact an attorney and look for some supportive documentation.
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Did you ever tried to travel on H1B and your wife on EAD?
 
You guys are very weak and scared!!! Keep you wife at home and with EAD! Please don't let them to work because your are scared and wrong informed OR don't let them to travel on H4 during work with EAD. What conception of life!!!!O MY GOD!!!
 
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johnnymnemonic said:
You guys are very weak and scared!!! Keep you wife at home and with EAD! Please don't let them to work because your are scared and wrong informed OR don't let them to travel on H4 during work with EAD. What conception of life!!!!O MY GOD!!!
Click to expand...


Johnny,

Try not to be too sure or specific if you don't have the practical experience except you are an attorney or USCIS officer (they do differ in opinion too)?

Sriram2004,

It will be safer for her to have an AP with her should the officer asked for it at the POE.

What do you want her to say if she enter with H4 and she was asked "have you been working with your EAD or not? Yes --You need AP to enter because you are not suppose to work under H4; No - she lied and there can be consequences in the nearest future.


Thanks

I am not an attorney, please seek your attorney out.
 
kemiomo said:
Johnny,

Try not to be too sure or specific if you don't have the practical experience except you are an attorney or USCIS officer (they do differ in opinion too)?

Sriram2004,

It will be safer for her to have an AP with her should the officer asked for it at the POE.

What do you want her to say if she enter with H4 and she was asked "have you been working with your EAD or not? Yes --You need AP to enter because you are not suppose to work under H4; No - she lied and there can be consequences in the nearest future.


Thanks

I am not an attorney, please seek your attorney out.
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I am travel under H4. They never asked me if I work or not.
 
kemiomo / Johnny and other folks,

Thanks for all ur opinions. Let us agree one thing here. This is a general forum where everyone contributes and try to help each other. GC is a painful and lengthy process and gives lot of frustration.:eek: Some times we vent out this frustration here. :mad: But make sure we don't hurt each other's feelings. We are all from different parts of world and want to live together in this adopted country. Let us make this stay joyful. :)

Let us argue, discuss and have different opinions. That is good for community. It gives lot of news ideas and alternatives. It is up to individual to analyze correctly according to his condition and act.

Also from my experience, never ever assume that your LAWYER is always correct. I know some lawyers are so bad that I feel some times I am better on GC matters. Anyways, just keep learning from others.

Have fun and take it easy. :cool: GC is "G"oing to "C"ome one day , anyway.:D
 
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Sriram2004, it is really a GRAY area. If I were you I would get AP and go.

This is what I know; please talk to a good attorney who has better knowledge in immigration, I know many lawyers don’t have any clue about this. scenario; H1B/H4 folks applied their 485/EAD/AP

If H1B person use EAD to work with the same or different employers, he automatically looses his H1B status, he CAN’T go back to H1B. Till he gets his GC he has to use ONLY EAD to work.
For travel he has to use ONLY AP to come back (again AP doesn’t give him guarantee to enter USA), also if he is working using his H1B and expired H1B visa stamping in his passport that time he can come back using AP and still he can continued to work on using H1B.

For H4 folks it is a gray area; if they use EAD to work, their status will be AOS when they are in USA based on their 485.
For travel it is advisable to do using their AP. I think you can use the H4 to enter into this country but you will go back to H4 again. If you are inside the country and want to go back to H4 after using EAD then you have to re apply your H4 again with USCIS.
Again if you filed 485 then you always have AOS status until the decision is made. Using H1B/EAD you can work. Using AP/Visa stamping in passport you can travel.

I think as long as primary maintains his H1B then getting back H4 status won’t be problem. All they have to do is, go out of this country and enter again with H4. (if they don’t have H4 stamping on their passport then they can get it in US consulate based on H1B papers).

POE most of the officer don’t go in detail; Only 485 approving IO will look everything from the day one when you entered to this country.
 
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