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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #46 (permalink)  
Old 02-22-2008, 02:56 PM
Junior Member
Priority Date
:
Apr-03
Category
:
EB2
I140 Mailed Date
:
08/10/2007
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India
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I485 Mailed Date
:
08/10/2007
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Quote:
Originally Posted by prioritydate View Post
All,

We received our EAD card and I tried to apply for SSN for my wife based on the EAD card. Her H4 expired on 30-sep-2007. Now she is insisting that we need to have a valid I-94(expired on 30-sep-2007) in order to accept the SSN application. Aren't we suppose to get SSN based on EAD card? what if I don't apply for H1 extension? She is not allowed to work even after having an EAD?
Went to SSN office in San Jose, CA last week to apply for SSN for my wife. The clerk just asked for Passport and EAD card. We had an AP too, but he did not want to even see it.

Got the SSN card in 4 days.
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  #47 (permalink)  
Old 02-22-2008, 05:22 PM
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Nov-04
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08/03/2007
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try different office, there are offices all over the country. Try another one, near by.
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  #48 (permalink)  
Old 03-31-2008, 04:46 PM
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Default SSN and H4/EAD

General Question. Once you use your EAD to get SSN, do you need to renew EAD or can just continue staying in US on H4?
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  #49 (permalink)  
Old 03-31-2008, 06:02 PM
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:
Nov-04
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EB3
I140 Mailed Date
:
02/21/2007
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I-485
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:
08/08/2007
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My understanding is that once you start using EAD for a job, you lose H4 status. Getting SSN does not invalidate H4 status, so you may choose to renew EAD after its expiry at your discretion... however, if you use EAD for a job, and then do not intend to renew it after its expiry, then you MUST change to H4 to be in legal status.
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  #50 (permalink)  
Old 03-31-2008, 09:56 PM
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Quote:
Originally Posted by gp_45 View Post
My understanding is that once you start using EAD for a job, you lose H4 status. Getting SSN does not invalidate H4 status, so you may choose to renew EAD after its expiry at your discretion... however, if you use EAD for a job, and then do not intend to renew it after its expiry, then you MUST change to H4 to be in legal status.
you dont need to change to H4 to stay legal as you are legal due to I-485 pending status
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  #51 (permalink)  
Old 04-01-2008, 02:18 AM
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Mar-05
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Quote:
Originally Posted by prioritydate View Post
All,

We received our EAD card and I tried to apply for SSN for my wife based on the EAD card. Her H4 expired on 30-sep-2007. Now she is insisting that we need to have a valid I-94(expired on 30-sep-2007) in order to accept the SSN application. Aren't we suppose to get SSN based on EAD card? what if I don't apply for H1 extension? She is not allowed to work even after having an EAD?
A work around would be to go out of USA and re-enter on AP. That way she gets a new I-94.
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  #52 (permalink)  
Old 04-01-2008, 09:39 AM
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Feb-06
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Default No need for I94

When my wife applied for her SSN based on EAD card in Oct 07 Her H4 was expired Sep 07 and our application was pending at Vermont. But she was not asked any question about it and SSN was issued.
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  #53 (permalink)  
Old 04-01-2008, 12:19 PM
Member
Priority Date
:
Apr-03
Category
:
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I140 Mailed Date
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01/01/2006
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Default

You don't need to have an I-94 when applying for SSN based on EAD card. Once a person files AOS, he/she is legally authorized to stay in this country regardless of whether I-94 is expired or not. Its a whole another issue if the person is applying for SSN based on nonimmigrant status. In that case, I-94 determines their legal status w.r.t their stay in the country.

Insist on talking to the supervisor and explain the situation. Also, show them the proof of 485 reciept. That proves you are adjusting your status and based on which you got EAD to beginwith.

Last edited by at0474; 04-01-2008 at 12:38 PM.
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