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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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  #1 (permalink)  
Old 02-21-2008, 06:05 PM
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Default H4 working on EAD -travel issues -URGENT

Hello All,

Can a H4 .working on EAD...
go to India get H4 stamped and come back to work on EAD.. ..?

No time for AP :-( ..
Emergency AP not granted .. :-(
to my surprise the director at the local USCIS office says
EAD is independent of H,L categories and AP is not required in my situation..

I am confused..
please gimme your opinion..

Thanks for your time,
Eshwar
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  #2 (permalink)  
Old 02-21-2008, 07:14 PM
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H4 status ends the moment you start using EAD for employment. For travel and re-entry you must use AP. If you re-enter on h4 then your status will be h4 which does not provide work authorization.
Please confirm with your attorney
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  #3 (permalink)  
Old 02-22-2008, 07:46 AM
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Default I guess you have an option.

Check with your lawyer. I don't think H4 ends while she uses EAD.
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Old 02-22-2008, 11:21 AM
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she can enter on H4 stamp thereby reinstating H4. Then resume work using EAD going back on AOS pending status.

No problems there. When aplying for H4 stamp remeber to keep plenty of lead time due to PIMS check name check and other delays.
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  #5 (permalink)  
Old 02-22-2008, 01:41 PM
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Default H4 status must be approved leaving

Quote:
Originally Posted by waitin_toolong View Post
she can enter on H4 stamp thereby reinstating H4. Then resume work using EAD going back on AOS pending status.

No problems there. When aplying for H4 stamp remeber to keep plenty of lead time due to PIMS check name check and other delays.
moment EAD is used, H4 is invalid. In these circumstances, if you leave without AP, AOS is considered abandoned.
If AP is not being granted, the only other option you have is to do change of status to H4 inside USA and then leave. Change of status using I-539 might be faster if you attach the emergency reasons also. I-539 applications will go to either CSC or VSC which will be faster than overburdened NSC.
Once she goes to India after getting H4 COS, she needs to get H4 stamp and re-enter.

Again, this is all about how strictly you want to follow the rules. Nothing is going to happen now. Only if questions are raised at the time of I-485 adjudication, the above actions will save you.
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  #6 (permalink)  
Old 02-22-2008, 02:39 PM
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Quote:
Originally Posted by eshwar View Post
Hello All,

Can a H4 .working on EAD...
go to India get H4 stamped and come back to work on EAD.. ..?

No time for AP :-( ..
Emergency AP not granted .. :-(
to my surprise the director at the local USCIS office says
EAD is independent of H,L categories and AP is not required in my situation..

I am confused..
please gimme your opinion..

Thanks for your time,
Eshwar
If you use H4 at POE and once you are in want to use EAD then fill new I-9 form and send it to employer and start working on EAD..

But as always its better to return on AP when working on EAD..unless you explicity want to change status to H4 then its upto you..

Talk to your attorney as well before doing any move..
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  #7 (permalink)  
Old 03-12-2008, 06:16 PM
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H4 & EAD are 2 different entities. EAD is just a work permit & does not allow entry to the US.where as AP allows entry to the US.I have my AP as well as H4.I visited India & came back on H4.I have my EAD & am still working.U may still have H4 while you have an EAD.
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  #8 (permalink)  
Old 09-10-2008, 05:48 PM
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The director at the USCIS Office is right!

You can travel with your H4 visa and work with your EAD.
EAD is not a status. It just a benefit based in you pending I-485 application.

Have a nice trip!

More info:
http://www.murthy.com/news/n_favint.html
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  #9 (permalink)  
Old 11-21-2008, 11:13 AM
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Thanks for all your post
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  #10 (permalink)  
Old 11-21-2008, 02:49 PM
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Default H4 extension & AOS

few days ago, I tried to extend H4 visa for my spouse but I heard through one of the lawyer in the firm that once H4 visa holder used EAD, H4 becames invalid unless you enter again in POE using H4, we cant apply for H4 extension as the current status is AOS. But we are still exploring it.

I checked in H4 extension form I-539, they ask:
1. current immigration status?
2. whether you want to extend current status or change of status?

But my spouse is working so if we say change status to H4 from AOS then not sure whether she can use immediately EAD to work? I opened a thread regarding this.

Anybody experienced the same issue as above? Thanks.


Quote:
Originally Posted by sweet_jungle View Post
moment EAD is used, H4 is invalid. In these circumstances, if you leave without AP, AOS is considered abandoned.
If AP is not being granted, the only other option you have is to do change of status to H4 inside USA and then leave. Change of status using I-539 might be faster if you attach the emergency reasons also. I-539 applications will go to either CSC or VSC which will be faster than overburdened NSC.
Once she goes to India after getting H4 COS, she needs to get H4 stamp and re-enter.

Again, this is all about how strictly you want to follow the rules. Nothing is going to happen now. Only if questions are raised at the time of I-485 adjudication, the above actions will save you.
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  #11 (permalink)  
Old 11-21-2008, 06:20 PM
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Exclamation H4 will invalidate your AOS status

My Lawyer did not process the H4 extension for my wife as he said that processing the H4 extension will invalidate the EAD. Also If we got her H4 stamped in India that will mean she is abandoning her AOS.

I have decided not to get her an H4 based on his advise. Please be extra careful in doing what ever you do...

Consult a lawyer for your specific case...
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  #12 (permalink)  
Old 11-21-2008, 09:50 PM
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thanks rsdang
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  #13 (permalink)  
Old 12-29-2008, 03:57 PM
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Is this really true that once a person has used his/her EAD and then enters on H4 or files for H4 extension then he/she is abandoning the AOS?

I really doubt it, but if someone has really confirmed from their lawyer then please write back.
i am in the same situation where my wife has used EAD and she got her H4 extension before that.
Now we going to India and want to go for H1/H4 stamping.
My lawyer hasnt been helpful in responding back. So wanted to get input from people who may have faced the same situation.
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