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  #1 (permalink)  
Old 07-21-2009, 12:56 PM
Member
Priority Date
:
Dec-05
Category
:
EB3
I140 Mailed Date
:
06/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Posts: 34
vikasgarg24 is on a distinguished road
Default Wife Working on EAD and re-entered on H4

My wife were using a a EAD to work with some employer. After that she went to India and het H-4 was valid till dec 2009. After that she entered on H-4 in Feb-09.

I know as she was on EAD she must have entered on Advance Payroll. I personally visit custom office and asked them to correct the same. They were unable to help and tole me that exit the country and reentered again on AP

Will she is going to have any problem, if she stays in USA.

Also as her I-94 is expiring in Dec-08 and i-485 is pending. Do she need to leave the country or she can just keep renewing her EAD / Ap and keep wprking.
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  #2 (permalink)  
Old 07-21-2009, 01:24 PM
Senior Member
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Nov-06
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I140 Mailed Date
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12/29/2006
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:
07/02/2007
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Default She can work

She can work while she entered on h4 and has an EAD.
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  #3 (permalink)  
Old 07-21-2009, 01:38 PM
Senior Member
Priority Date
:
Sep-06
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:
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I140 Mailed Date
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10/30/2006
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Nigeria
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:
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Why do people look for issues where there are none? As far as I know your wife is okay entering on H4 and using her EAD to work. There is no need to go out and come back with AP.
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  #4 (permalink)  
Old 07-21-2009, 02:04 PM
US Immigration Attorney
Law Office of Elaine Martin
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Default

Quote:
Originally Posted by vikasgarg24 View Post
My wife were using a a EAD to work with some employer. After that she went to India and het H-4 was valid till dec 2009. After that she entered on H-4 in Feb-09.

I know as she was on EAD she must have entered on Advance Payroll. I personally visit custom office and asked them to correct the same. They were unable to help and tole me that exit the country and reentered again on AP

Will she is going to have any problem, if she stays in USA.

Also as her I-94 is expiring in Dec-08 and i-485 is pending. Do she need to leave the country or she can just keep renewing her EAD / Ap and keep wprking.
You are correct in that she should have entered using Advance Parole. She is not eligible for H-4 status if she is working, even if she has an EAD. CBP would not be able to correct her I-94 because CBP did not make any mistakes, unless she offered both the H-4 visa and AP, and told them she was working. CBP will usually just correct their mistakes.

There is an argument that, strictly speaking, your wife abandoned her Adjustment of Status by entering in a status to which she was not entitled. The law that allows a person to re-enter the US in H status without abandoning their AOS assumes that they hold the H status when leaving the US. Your wife was not in H-4 status if she had been working.

You should speak with your immigration lawyer.
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  #5 (permalink)  
Old 07-21-2009, 02:15 PM
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Priority Date
:
Oct-06
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:
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I140 Mailed Date
:
11/10/2006
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I485 Mailed Date
:
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Default

In our case, my wife was working on EAD till last october, after that we had a baby and she stopped working, earlier this year we got our H1 and H4 extended, also went home, got the visas stamped and when we entered at POE we showed our H1 and H4, even though we had our APs. Now my wife is at home, based on what we have done, is our situation Okay ?
__________________
PD: Oct 2006
EB2
I-140 approved 12/06.
I-485, AP, EAD Filed 7/2/07 NSC
RD: 7/30/07, FP: 8/24/07
EAD received - 09/24/07
AP: 10/20/07
2nd EAD received - 8/28/08 (2 year validity)
3rd EAD: received - 8/25/10 (2 year validity)
2nd AP: applied 08/29/08, received on 11/11/08
3rd AP: applied 1/25/10, received on 04/14/08
LUD: I-485 - 8/26/07, 5/6/08 (address change)
Hard LUD (RFE) asking for G 325 & birth cert - 03/09
USCIS recvd the response 4/8/09 - same day hard LUD - under process
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  #6 (permalink)  
Old 07-21-2009, 02:34 PM
Member
Priority Date
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Dec-05
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I140 Mailed Date
:
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:
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:
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vikasgarg24 is on a distinguished road
Default Thanks martin

Thanks martin

Same thing is mentioned by my attorney. We shows AP and H-4 visa at the time of entry.

After discussion with my attorney she mentione that if any problem will come then we will take a look. Right now there is a mistake.

I post the question to take a second opinion.
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  #7 (permalink)  
Old 07-21-2009, 03:41 PM
Senior Member
Priority Date
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Jan-02
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Default

Quote:
Originally Posted by vikasgarg24 View Post
My wife were using a a EAD to work with some employer. After that she went to India and het H-4 was valid till dec 2009. After that she entered on H-4 in Feb-09.

I know as she was on EAD she must have entered on Advance Payroll. I personally visit custom office and asked them to correct the same. They were unable to help and tole me that exit the country and reentered again on AP

Will she is going to have any problem, if she stays in USA.

Also as her I-94 is expiring in Dec-08 and i-485 is pending. Do she need to leave the country or she can just keep renewing her EAD / Ap and keep wprking.
Just working in EAD will not harm much the status. It all depends on your status when your wife entered in to US, as a H4 non-immigrant. If you were maintaining H1 status before she left US and also you were at H1 status, at the time of her entry into US, her admission and H4 status is 100% valid, irrespective of the fact that she was working in EAD before leaving US. If she had a unexpired I-94 with H4 stamp before leaving US, and recived a new I-94 with H4 stamp, you need not worry about her AOS application.
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