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Hi Folks,
I like to update some items on EAD,H1B,H4 status. Hope it will be helpful to you guys. I appreciate for your feedback.
There are lot of confusion going on in this area, and its very very tricky to decide on it (whether to use/convert in to this status). The best 'official' bet would be 'Cronin' memorundum.
H1B is the primary I-485 applicant with approved I-140. He and the spouse (who is in H4 status) applied EAD/AP and received.
Fact 1: Merely applied and receiving EAD/AP will not change H1B and H4 status to 'Parole'.
Fact 2: If H1B "uses' his EAD for secondary job, he/she must use EAD for his primary job too. In other words, if he uses EAD to one job, he should use EAD to all his other jobs. So, in this situation, his H1B is in 'Sleeping mode'.
Fact 3: He can come back to H1 from EAD. But when? how? Its very tricky so one should be very careful.
I. Before the expiry of his H1B visa, go outside US and come back using valid H1B visa stamped in his passport. He will automatically back to H1B at the point of entry. In this situation, make sure you stopped working on EAD to any secondary employer and going to work only with your primary employer who applied your H1B.
II. During H1B extension - apply for your extension thru your H1B sponsored employer. Even in this case, you should make sure you stopped working on EAD to any secondary employer and going to work only with your primary employer who applied your H1B.
III. If you are going outside US using your AP (after your H1B expired visa in your passport) - you can use AP to come inside US without going to consulate. But, still you can maintain your H1B status with valid petition/extension thru your H1B employer. (But, it is recommended to go to consulate for H1B stamping with AP in hand. In case of H1B denial, you can use your AP to come inside US. In this case, you should have your EAD to continue your work. Tricky yeah... )
Fact 4: H1B can maintain his H1B status while spouse (H4) can go in to EAD status. As long as the principal applicant is maintaining H1B status, H4 can always come back to H4 (from EAD) in case of I-485 denial. She can even do H4 extension along with H1B extension.
Fact 5: Spouse in EAD status can go to school (as like H4). However, she cannot apply for financial aid/scholarship to my knowledge goes.
Fact 6: Spouse in EAD status can apply for SSN number.
Fact 7: Please note that I didnot discuss about AC21 in any above facts. AC21 is a different story and have to deal in a different sense.
Any feedback?
I like to update some items on EAD,H1B,H4 status. Hope it will be helpful to you guys. I appreciate for your feedback.
There are lot of confusion going on in this area, and its very very tricky to decide on it (whether to use/convert in to this status). The best 'official' bet would be 'Cronin' memorundum.
H1B is the primary I-485 applicant with approved I-140. He and the spouse (who is in H4 status) applied EAD/AP and received.
Fact 1: Merely applied and receiving EAD/AP will not change H1B and H4 status to 'Parole'.
Fact 2: If H1B "uses' his EAD for secondary job, he/she must use EAD for his primary job too. In other words, if he uses EAD to one job, he should use EAD to all his other jobs. So, in this situation, his H1B is in 'Sleeping mode'.
Fact 3: He can come back to H1 from EAD. But when? how? Its very tricky so one should be very careful.
I. Before the expiry of his H1B visa, go outside US and come back using valid H1B visa stamped in his passport. He will automatically back to H1B at the point of entry. In this situation, make sure you stopped working on EAD to any secondary employer and going to work only with your primary employer who applied your H1B.
II. During H1B extension - apply for your extension thru your H1B sponsored employer. Even in this case, you should make sure you stopped working on EAD to any secondary employer and going to work only with your primary employer who applied your H1B.
III. If you are going outside US using your AP (after your H1B expired visa in your passport) - you can use AP to come inside US without going to consulate. But, still you can maintain your H1B status with valid petition/extension thru your H1B employer. (But, it is recommended to go to consulate for H1B stamping with AP in hand. In case of H1B denial, you can use your AP to come inside US. In this case, you should have your EAD to continue your work. Tricky yeah... )
Fact 4: H1B can maintain his H1B status while spouse (H4) can go in to EAD status. As long as the principal applicant is maintaining H1B status, H4 can always come back to H4 (from EAD) in case of I-485 denial. She can even do H4 extension along with H1B extension.
Fact 5: Spouse in EAD status can go to school (as like H4). However, she cannot apply for financial aid/scholarship to my knowledge goes.
Fact 6: Spouse in EAD status can apply for SSN number.
Fact 7: Please note that I didnot discuss about AC21 in any above facts. AC21 is a different story and have to deal in a different sense.
Any feedback?
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