working on EAD, can i renew my h4 visa.....

R

Rupa_K

Registered Users (C)
Hello:

I am on H-4 visa, valid till March 2005. Currently, I am working on EAD since 6 months and used my Advanced parole when I traveled to Canada for re-entry to the US in September of 2004.
1. Can I extend my H4 status and still continue on EAD(Valid until nov 2005) till my current I485 application is approved.
2. Now, Does this H-4 renewal have any impact on my current I-485 application process?
3. If I extend my h4 status now does it over write my EAD?
what do you suggest me to do.. To go for H4 extension now or no? Please suggest the best course of actioon in this case. I appreciate your help.
 
Rupa_K said:
Hello:

I am on H-4 visa, valid till March 2005. Currently, I am working on EAD since 6 months and used my Advanced parole when I traveled to Canada for re-entry to the US in September of 2004.
1. Can I extend my H4 status and still continue on EAD(Valid until nov 2005) till my current I485 application is approved.
2. Now, Does this H-4 renewal have any impact on my current I-485 application process?
3. If I extend my h4 status now does it over write my EAD?
what do you suggest me to do.. To go for H4 extension now or no? Please suggest the best course of actioon in this case. I appreciate your help.
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Hey Rupa,
1. When you have worked on EAD, your H4 becomes invalid on the spot. So you dont need to renew it as it doesnt make any sense as your in AOS working on EAD.

2 & 3. H4 and 485 are totally different entities.. So it doesnt have any connection. But my advise is not to apply H4 extension as its not valid as you worked on EAD.

Extending H4 status will never overrite your EAD

No H4 extension. Keep working.
 
Rupa,

the only reason you might want to extend your H4 is in case soemthing happens to I-485 application- then only on EAD you would need to leave- but on H4 you just revalidate your status.

I think this is correct- can anyone else confirm???
 
Absolutely. Having a backup status of H4 might help if there are any problems with AOS. As per consensus, even if you work on EAD for your original H1 sponsoring employer, you can renew your H1. That would mean that it also applies to H4 (atleast I hope so).
 
YOU CAN NOT WORK ON AN H-4 VISA. Since you have used your EAD the H-4 is invalid. Your are in adjustment of status and will remain so until they decide on the I-485 case. Now if you had an H-1B you could extend it and have an I-485 pending. Under no circumstances can you work on an H-4 visa.
 
grunggy said:
YOU CAN NOT WORK ON AN H-4 VISA. Since you have used your EAD the H-4 is invalid. Your are in adjustment of status and will remain so until they decide on the I-485 case. Now if you had an H-1B you could extend it and have an I-485 pending. Under no circumstances can you work on an H-4 visa.
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Right, I am not suggesting that. :) But even if you start working on EAD (meaning, you cease to be on H4), you can still leave country and return back on H4 and get back on H4, if principal is on H1. Thats the point. Plus, you can extend your H4 while working on EAD (even though you are not on H4 at that point) due to gray area of the law which never clarified how AOS/EAD/AP plays with H1/H4.
 
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