EAD for H4 - Can she work

[kpchal2]

I have applied for my 485 and with my wife as a derivative. Up until now she is on H4. With this EAD that she received can she work or does she have to do something special to make her eligible to work. I was under the impression that with this magic card they just have to show up at their work place and start working. But just got off a call from Customer Service rep at USCIS and she says that an EAD does not change her status and that she will not be able to work even with an EAD. Is this correct. Please advise.

[mariusp]

She probably needs to apply for a SSN first. Other than that, she is allowed to work... I mean, why else would they issue an EAD in the first place?

[GCchakravyuh]

Originally Posted by kpchal2

I have applied for my 485 and with my wife as a derivative. Up until now she is on H4. With this EAD that she received can she work or does she have to do something special to make her eligible to work. I was under the impression that with this magic card they just have to show up at their work place and start working. But just got off a call from Customer Service rep at USCIS and she says that an EAD does not change her status and that she will not be able to work even with an EAD. Is this correct. Please advise.

sounds not completely correct. Though on H4, the very EAD for the spouse is meant to give the relief of Work Authorization. Please call USCIS again, to verify.

[green_card]

once she starts using the EAD, i.e. presents it as proof to the employer, she can start work on it. but remember that using EAD, by her or by you invalidates the H1 visa. you can either use EAD or H1, not both. Talk to your lawyer and make sure about that. her using the EAD will might invalidate your H1 as well..... make sure you ask your lawyer.

Originally Posted by GCchakravyuh

sounds not completely correct. Though on H4, the very EAD for the spouse is meant to give the relief of Work Authorization. Please call USCIS again, to verify.

[shakunbansal]

What happens if spouse on H4 starts working on EAD ( after filing for SSN ) and then primary applicant divorces. Does the spouse still able to use EAD ??

[kaisersose]

Originally Posted by kpchal2

I have applied for my 485 and with my wife as a derivative. Up until now she is on H4. With this EAD that she received can she work or does she have to do something special to make her eligible to work. I was under the impression that with this magic card they just have to show up at their work place and start working. But just got off a call from Customer Service rep at USCIS and she says that an EAD does not change her status and that she will not be able to work even with an EAD. Is this correct. Please advise.

What a cartload of crap! Those people who answer phones at USCIS ought to be packed off home.

Your wife has to get a SSN, find a job and just start working on the EAD. Her H-4 will go to rest and if she wishes to move back to H-4, she can do it.

Have fun and do not believe everything the USCIS support tells you. They are a bunch of jokers.

[natrajs]

Apply for SSN and start working

[ameryki]

yep apply for ssn and move forward. Once your spouse that is on H4 starts working on ead it does not at any point affect your status. you can still continue to maintain your h1 status and even renew it moving forward while your spouse will have to use AP to enter the country if they go out.

[shakunbansal]

So this means EAD to spouse is a different enitiy altogether and is not tied to husband...llke h4 to h1

[waitin_toolong]

She is still tied to the husband till they get approval, she derives the benefit as the spouse. If the divorce occurs before actual GC then bye-bye GC.

[Gravitation]

Originally Posted by waitin_toolong

She is still tied to the husband till they get approval, she derives the benefit as the spouse. If the divorce occurs before actual GC then bye-bye GC.

Not so fast! As long as the marriage was entered in good faith, the secondary applicant of I-485 is ok even in case of divorce.

This rule is there lest the secondary applicant should silently suffer any abuse from the primary applicant for sake of saving GC.