H4 extension & AOS

[arnet]

few days ago, I tried to extend H4 visa for my spouse but I heard through one of the lawyer in the firm that once H4 visa holder used EAD, H4 becames invalid unless you enter again in POE using H4, we cant apply for H4 extension as the current status is AOS. But we are still exploring it.

I checked in H4 extension form I-539, they ask:
1. current immigration status?
2. whether you want to extend current status or change of status?

But my spouse is working so if we say change status to H4 from AOS then not sure whether she can use immediately EAD to work? I opened a thread regarding this.

Anybody experienced the same issue as above? Thanks.

[gccovet]

few days ago, I tried to extend H4 visa for my spouse but I heard through one of the lawyer in the firm that once H4 visa holder used EAD, H4 becames invalid unless you enter again in POE using H4, we cant apply for H4 extension as the current status is AOS. But we are still exploring it.

I checked in H4 extension form I-539, they ask:
1. current immigration status?
2. whether you want to extend current status or change of status?

But my spouse is working so if we say change status to H4 from AOS then not sure whether she can use immediately EAD to work? I opened a thread regarding this.

Anybody experienced the same issue as above? Thanks.

Once your spouse started to use EAD (Work), spouse is no longer on H4 status and H4 status expires. You can reapply for H4 as long as primary applicant is still on H1. Once H4 is applied and i-797 issued, spouse had to go for stamping for h4 and reenter to be again in H4 status.

GCCovet.

[arnet]

thanks