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  • EAD

    Hello all:

    Me and my wife have our 485 employment based application pending.
    We also have EAD and Advance Parole. We recently entered into the
    U.S. using Advacne Parole. I also have an H1B visa valid until
    Jan. 2004 and similarly my wife has H4 visa valid until Jan. 2004.

    I have the following questions:

    1. We have been paroled until Jan 2003 on I-94 while entering into the U.S. My EAD and AP expires in August 2002. My lawyer said that I don't have to have EAD extended to continue to work since my H1B is still valid until Jan. 2004, as long as I don't use my EAD. I just want to verify that this is true statement. I don't intend to use my EAD for work.

    2. If my wife starts working using her EAD, would that invalidate her H4? My lawyer said that she would be able to continue to stay in the U.S. even after her EAD expires since her 485 is pending, she just won't be able to continue to work. The lawyer also said that similar argument does not apply to me. If I use my EAD (for a second job or something) I will have to have new EAD before the
    current EAD expires to be able to continue to work. Is this true?

    3. Also if my wife applies for Social Security, does this mean that she "used her EAD", and that now her H4 is invalid even if she chooses not to work after getting the Social Security.

    I would appreciate a quick response from someone.

    Thanks and Regards,
    S Hameed

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