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Using EAD - going back to H4 if needed!
I am currently on H1 and my wife is on H4. We do not have valid stamps on our passports (they still have our expired H1/H4 stamps) . Our H1/H4 statuses are now valid till Apr 2015. This extension is beyond the 6-year limit as I had approved PERM and I-140.
In the meantime our PD became current in and we applied for AOS, EAD and AP. We have incidentally received or EAD/AP combo cards today as well. Now I have a couple of questions regarding my wife's status with respect to EAD and H4:
1. I understand that if she now starts to work using EAD, she will lose her H4 status. If I continue to maintain my H1 status, will it be possible for her to change back to H4 a few months after using EAD if assuming the worst, we run into problems with our I-485? What will she have to do to get back to H4? Does she need to file a new I-539 even though she has her recent H4 petition approved till Apr2015? Will she have to leave the country to get a visa stamp based on her current approved H4 petition?
2. Same scenario and questions as above as above except if she travels abroad and comes back to the US using AP while working on EAD. So the difference in the two scenarios is that in the former she holds an H4 I-94 valid till Apr 2015 and in the latter she holds an AP I-94 valid till July 2013 (till the validity of the current AP).
Thanks in advance for your time.
Question for you- why do you want wife to maintain H4 status when your wife can take advantage of EAD?
Make a list of your pros and cons of EAD vs H4 and you will find EAD will win.
Another question is why you think your I485 will run into problems? This is a critical answer you will know better and important for your decision in H4 vs EAD.
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|ead , h4 visa|
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