Is H-4 needed if I have EAD

[tgo_egrp]

Hi,
My wife is currently on a G-4 visa. Both of us have got our EAD (she applied through me)
Now she is quitting her job. Is it compulsory for her to apply for a change of status to H-4 even though she has the EAD or is the EAD sufficient to maintain legal status?

Thanks in advance for any help.

Karthik

[PraetorianXI]

EAD does not give her a legal status.

BUT, since she is applying for AOS with you (I-485) her status would be that of "pending AOS", so no need to file for a change of status.

[tgo_egrp]

EAD does not give her a legal status.

BUT, since she is applying for AOS with you (I-485) her status would be that of "pending AOS", so no need to file for a change of status.

Thanks Praetorian. Can she work for another employer on this EAD?

Karthik

[PraetorianXI]

Yes.

[tgo_egrp]

Yes.

Thanks again.
Finally, if we have to leave the country, just applying for Advanced Parole should be enough right? Does she also need to be working in order to apply for it or just having the EAD is enough?
THe reason I am confused is my company's lawyer is suddenly saying that she has to apply for her H-4 to remain in legal status. I asked him the same questions and his answers confused me even more since he just kept repeating she wont be in legal status. This has thrown me off quite a bit. I am just concerned that with a H-4 she may not be able to go to law school this fall (since she cannot apply for a F-1 with an EAD and a prending I-485)

Thanks for all your help.

Karthik

[PraetorianXI]

all she needs is to be pending AOS to apply for I-131.

She IS in legal status.

[tgo_egrp]

all she needs is to be pending AOS to apply for I-131.

She IS in legal status.

Thanks a bunch Praetorian.

Karthik