H4 and EAD and vice-versa

[dahbal]

Hi Everybody,

I am on H1B (principal applicant) and my wife is on H4 right now. My employer applied for I485,EAD and AP of myself and my wife.I want to maintain my H1B status.Now my wife wants to work on EAD.

My question is how she can come back on H4 Status from EAD if needed in future? What is the procedure for that?

Can she work part-time or full time on EAD?
Is there any restrictions on EAD like how many days she can work on EAD and how many days she can stay on EAD without work.

Please explain me.

Thanks in advance.

Regards,
Raj

[txh1b]

https://www.immihelp.com/maintaining-h-l-status-vs-using-ead-ap-after-filing-adjustment-of-status/

No restrictions on EAD work. Only way she can get back on H4 is travel and re-entry on a H4 status or by extending the H4 status petition when she is close to the I-94 expiration.

[dahbal]

Thanks

Dear Sir,

Thanks for information.

You mean travel to India and get the H4 visa stamp if visa is expired and re-enter on H4 visa.

Can you please explain me "by extending the H4 status petition when she is close to the I-94 expiration"? I-94 expiration you mean my I-94 expiration?

Reason for my asking is when she is working on EAD she don't have H4 status and no 1-94. So how I know when her I-94 will expire?

I didn't get this detail in the link which you sent in reply.

Please explain me little more on above topic.

Thanks in advance.

Regards,
Raj

[txh1b]

EAD is NOT a status. She will be a parolee with use of EAD. If she enters as a parolee, she will get the I-94 for 1 year.

Getting back on H4 status is possible if one has a H4 visa while returning from a trip or extending a H4 I-94 when it is close to it's expiration.

There is nothing more to add.

Why is there a need to get back on H4? I don't see any reason unless the primary H1b's GC gets denied.

[dahbal]

Dear Sir,

Thanks again. My last question

As you told there is no restriction on EAD for spouse(dependent) if she works on EAD or not. Is it legal to stay on EAD and AP without work (or working)?

My reason for asking is if say my wife got pregnent and during the delivery and after that she needs to take care for baby for some times if no body is here to take care for baby.She cannot work in that situation.

In above case do she need to change the status from EAD TO H4 or she can stay on EAD/AP without work(or H4 visa).

Please explain this situation.

Thanks,
Raj

[txh1b]

A parolee can stay without even applying for EAD/AP if they don't intend to work/travel.

No must work rules like H1b for parolees.

[dahbal]

Thanks a lot for information

Dear Sir,

Thanks a lot for information and I really appreciate for your time.

Regards,
Raj

[pdsubbu]

I have a question here....

My wife has her AP till oct 2010 (she got for 2 years). So while entering US, will she get I94 for 2 years or 1 year. Also if she is getting for 1 year, can I apply for I94 extension for her, while am in US. Please clarify.

[txh1b]

Never heard of 2 year APs. Is it 2 year AP or EAD? Generally, parolees get I-94 for 1 year. But it does not matter as long as I485 is pending.