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  #1 (permalink)  
Old 08-26-2009, 01:59 PM
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Default H4 -> EAD -> H4 -- is it possible?

After receiving EAD card in Sept. 2007, my wife worked on EAD for a year and then left the job. While she was working, we also extended her EAD which is valid till Nov. 2010.

I am the primary applicant stuck in the last stage of GC. All this time, I have been keeping my valid H1 status. When my employer filed for my H1 extension, he also filed for my wife's H4 extension. We received our H1/H4 extension approvals which are now valid till 2011.

Now my question is - While visiting India during dec. 2009, we plan to get the H visa stamped on passport. Would there be any problem for my wife getting H4 visa stamped? Since she did work on EAD, does that automatically cancels her H4 status?

Would appreciate any help.. I am sure this qns has been asked before, but I couldnt find any related post..
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  #2 (permalink)  
Old 08-26-2009, 02:39 PM
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Originally Posted by geesee View Post
After receiving EAD card in Sept. 2007, my wife worked on EAD for a year and then left the job. While she was working, we also extended her EAD which is valid till Nov. 2010.

I am the primary applicant stuck in the last stage of GC. All this time, I have been keeping my valid H1 status. When my employer filed for my H1 extension, he also filed for my wife's H4 extension. We received our H1/H4 extension approvals which are now valid till 2011.

Now my question is - While visiting India during dec. 2009, we plan to get the H visa stamped on passport. Would there be any problem for my wife getting H4 visa stamped? Since she did work on EAD, does that automatically cancels her H4 status?

Would appreciate any help.. I am sure this qns has been asked before, but I couldnt find any related post..
Yes, working on EAD invalidates H4 status. She is currently on AOS pending or Parolee status. When she gets a H4 visa stamp and re-enters US using the H4 stamp, she will be back on H4 status. However, note that if she accepts employment again after she returns on H4, then she will lose her H4 status and will be on AOS again.
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  #3 (permalink)  
Old 08-26-2009, 05:46 PM
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Default

excellent.. thanks!
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PD Nov 2004
I-485 RD 19-Jul-2007
I-485 ND 18-Sep-2007
I-485 Soft LUD 31-Mar-2009
I-485 RFERR 18-Aug-2015
GC Approved!! 1-Sep-2015

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  #4 (permalink)  
Old 08-26-2009, 05:58 PM
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Originally Posted by roseball View Post
Yes, working on EAD invalidates H4 status. She is currently on AOS pending or Parolee status. When she gets a H4 visa stamp and re-enters US using the H4 stamp, she will be back on H4 status. However, note that if she accepts employment again after she returns on H4, then she will lose her H4 status and will be on AOS again.
Based on the last action rule, if the person has not used EAD after USCIS approved the H4 extension request, the person is already back on H4 status and not a parolee.
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  #5 (permalink)  
Old 08-27-2009, 08:02 PM
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Originally Posted by txh1b View Post
Based on the last action rule, if the person has not used EAD after USCIS approved the H4 extension request, the person is already back on H4 status and not a parolee.
I don't think this is true. CIS cannot extend a status if the person does not have that status. His wife did not have H-4 status when the extension was filed, so there was nothing to extend. I agree that she is just in "AOS pending" status but can get back to H-4 by re-entering the US in H-4 status.
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