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  • Ead/h1/ap

    Hello,

    I am on H1 (9th year), My H1 is valid until end of next year.
    My wife is on a her own H1(8th year), which will expire in this August, but can not be renewed because now she does not have a valid labor any longer.

    I filed for 485 (me being the primary and she is the dependent) and based on that both of us got EADs and APs. Now she went for India on vacation.

    When she comes back, as she is planning to work, we decided her to come on her AP and use her EAD.

    Question1:
    Once she uses her AP, does it automatically mean she started using her EAD? Also does it mean I started my EAD too?

    Similarly once she starts using her EAD, does it mean my EAD is also used (meaning will I be on H1 once she starts using her EAD)?

    Or are they two entire different EADs, which does not affect each other?

    Question2:
    Also, I am planning for a visit some time in Sept and in case if I come back on AP, does it mean I started using EAD? I have the option of getting H1 stamped as well. So, I can go with either.

    Based on friend's conversations, I just understood that it is safer to be on H1 as long as possible, before we actually acquire the GC.

    As I do not have much knowledge on this immigration subject, I need some one's suggestion.

    Thank you,
    Viswa

  • #2
    1. She is your dependent. Your action can impact her status but not vice-versa. She uses AP to enter, she becomes a parolee and has to use her EAD to work. You will continue to remain on H1 status as long as you satify the H1 requirements and get extensions.
    2. Q#1 answers this. If you enter on AP, you use EAD to work. Yes, you can get a H1b visa stamp and enter on H1b and remain on H1b. You are hanging out with the right kind of friends. :-)

    Come on, you have spent 9 years on H1b, you need to be knowing this stuff better by now.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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