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EAD vs H4

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  • EAD vs H4

    My wife is in H4 and her H4 is valid till 2010. She also has got her EAD.
    My wife's I485 is pending.
    My I-140 is pending.

    She is planning to use her EAD so that she can do a job.
    The question is - If she uses her EAD and if for some reason my I-140 or hers I485 gets denied, is she out of status?

    What are the options in this case-
    a) Can she get back to H4 because her H4 is valid till 2010 by staying in United States?
    b) Does she have to go to India/Canada and get a new stamping in H4?
    (i) If (b) is the only option then is H4 based on any quota or any month like Dec or can she go anytime to get the H4 visa stamped?
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

  • #2
    If your I-140 or her I-485 gets denied, she is out of status.

    a. If she uses EAD, she is no longer on H4 and you no longer on H1. Read https://www.immihelp.com/maintaining-h-l-status-vs-using-ead-ap-after-filing-adjustment-of-status/
    b. N/A based on answer a.

    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

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    • #3
      EAD vs H4

      Mr. Immihelp,
      Can you confirm the below understanding?

      If a dependent having H-4 uses his/her EAD to do a job, than the primary applicant (having H-1) though continuing his/her original job will have his status changed from H-1 to AOS automatically.

      Comment


      • #4
        there is some mistake here. If H4 uses EAD only H4 changes to AOS. and primaries H1 remains intact.

        But if H1 uses EAD then H4 is lost as well.

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