H4 and EAD

[sanjuraja]

Hi,

Here is my scenario -

1. My wife is on H4 and applied for I140 and I145 concurrently in July 2007
2. She currently is not working for the employer who filed for her GC.
3. She has a valid EAD card and we are wondering if we can use the EAD card to work with another employer.

My question -
1. Can she use her EAD to work for a different employer without working for the employer who applied for the GC?
2. Can she continue to work for different employers as long as her I140 is pending approval?
3. Finally, does she need to work for the employer who applied for her GC at all?

Thnx

[txh1b]

Everything you ask here is related to AC21 guidance from USCIS. You should look it up and do some reading to get a comprehensive idea.

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

1. Yes, can be used if the employment is in the same/related to her original job that employer sponsored for the GC and if she wishes to change her permanent employer to the new one after 180 days of filing for a 485.

2. Using AC21 to change employer when I140 is not approved is risky but possible. If I140 gets denied, EAD and the status are void.

3. Depends. Use of AC21 constitutes the applicant telling USCIS that the permanent employer for GC has changed and the new employer is the permanent employer. Lawyers suggest that the person work for a permanent sponsor for at least 6 month after getting the GC.

[sanjuraja]

Re:H4 and EAD

Thank you for the information!

Now that my wife is not using her EAD, is it better to apply for AP and re-enter US or get a stamping of H4? (our visas have expired and we are planning a trip to India)
Does AP automatically invalidate her H4 status when she re-enters?

Will the immigration @ chennai not issue H4 visa to her since she holds an EAD?
Also, is it possible to get H4 and h1 stamping after we apply for AP?

Thanks

[txh1b]

Please do your homework. Did you read the link posted? That has all the answers to your questions.

Having AP does not give a status. Use of AP at entry puts one as a parolee and not in H status.

[sanjuraja]

Re : H4 and EAD

Thank you.

I've read the info on the link you sent me. I still have 1 question regarding changing employer on EAD.

Since my wife never worked for the employer who applied for GC, is it still possible to file for AC21 and change the employer? I understand the situation that when I140/485 is denied, her EAD is void and she has to re-enter to US on H4.

Thanks in advance,

[txh1b]

Since my wife never worked for the employer who applied for GC, is it still possible to file for AC21 and change the employer?

Yes, it is possible. Talk to your lawyer as the new job should qualify for AC21 use in terms of duties and role.