Changing from H4 to EAD and then leave job

[kkartikeya]

I have question ..I am on H4 right now (GOT EAD) i want to join a startup company on EAD if I leave the job or get laid off months what will be my status
can i go back to H4 or i can legally stay on EAD(without working)

Please reply

Thanks

[hpandey]

Originally Posted by kkartikeya

I have question ..I am on H4 right now (GOT EAD) i want to join a startup company on EAD if I leave the job or get laid off months what will be my status
can i go back to H4 or i can legally stay on EAD(without working)

Please reply

Thanks

Yes you can legally stay on EAD without working as then you will be in the AOS status ( not H4). If you want to go back on H-4 you will have to file a petition for status change ( if you spouse is still on H1) or go out of the country and come back after getting an H-4 visa stamped.

[solaris27]

yes you can go back to H4 if primary applicant is still on H1B visa .


i can legally stay on EAD(without working) No you can't .

If USCIS asked for W2 then you may be in troble .

[new2H1&GC]

Originally Posted by solaris27

yes you can go back to H4 if primary applicant is still on H1B visa .


i can legally stay on EAD(without working) No you can't .

If USCIS asked for W2 then you may be in troble .

Why would there be a problem with W2?
She'd file using her W2 while working and then when she quits couldn't she just file taxes as dependant of primary then on?
Wouldn't her status still be "AOS"? She's have the EAD but wouldn't be using it..right?

[vishage]

Originally Posted by solaris27

yes you can go back to H4 if primary applicant is still on H1B visa .


i can legally stay on EAD(without working) No you can't .

If USCIS asked for W2 then you may be in troble .

Do you mean to say it is a must to work on EAD??

[kkartikeya]

Please reply if anybody have some more information

[srarao]

Guys,
Please don't answer if you are not aware of the facts.

1.Yes you can move from H4- EAD and can leave job if you want to.
2. You will be under AOS status, which is legal.

But you need to take care that you renew you EAD on time if you are working.

[shirish]

I checked with my lawyer, He says Dependent applicants of 485, can stay in status even if they do not work but used the EAD.

My wife might have to go thru this situation, so we wanted to make sure before she accepts the job offer.

Originally Posted by srarao

Guys,
Please don't answer if you are not aware of the facts.

1.Yes you can move from H4- EAD and can leave job if you want to.
2. You will be under AOS status, which is legal.

But you need to take care that you renew you EAD on time if you are working.