H1 B VISA - Using EAD - i485 Prob. - Next H4 Visa

[asha137]

Hello Friends,

Please reply your opinions.

I have a h1 b visa - I am planing to use EAD - If I have any problem in the I485 then CAN I MOVE TO H4 VISA OR NOT????????????

Thanks
Asha.

[jovcal]

Response.

You can definitely move back to your H1 status even though you have started working on your EAD, PROVIDED your H1 is current and valid.

For example: You got your EAD about six months back and at the same time your H1 is also current and valid, meaning that it hasn't been cancelled by you or your company. Then for some reason, your GC (I-485) application does not go thru, then you can definitely fall back on your VALID H1 (or H4).

So it's always a good idea to maintain the validity of your H1 (or H4) Visa's until and unless you get your GC approved and in your hand.

Hope this helps.

[PraetorianXI]

Sorry, but no. And previous comment is erroneous...

If you use EAD, your H1 is TERMINATED. You can not go back to it. Period.

[asha137]

Hi PraetorianXI thank you very much for your response. My attorney also told me same thing . If I use EAD i can not go back to h1b visa. But he did not given about h4 visa.

Here my question is can i move to h4 visa (my husband having h1b and EAD) or not?

Please give your commnets.

Thanks
Asha

[PraetorianXI]

You can go back to H4, but you can not continue working on EAD. Simply because, if you find yourself needing to "go back" to a nonimmigrant status, because your I-485 was denied for whatever reason, then you have bigger problems than not being able to work...

Your EAD is for use ONLY while an I-485 is pending.