H1/H4 and EAD

[plbhagwat]

Hi,
I have H1B valid till November 2010. My wife and son also have H4 valid till Nov 2010. I applied for Adjustment of status(I-485) in June 2007 and now all 3 of us have EAD / AP option as well.
I understand that if select to use my EAD/AP option, then I can no longer be on H1. In that case , can my wife/son still use H4 status for entering US till Nov 2010?

Any information / advice in this matter will be appreciated.
Thank you.

[txh1b]

How is it possible to enter on H4 while you are not on H1b anymore? That will make their stay illegal.

Remember, any dependent status holds good as long as the primary holds his/her status. If a H1b holder falls out of status, the H4 holder automatically is also out of status.

[plbhagwat]

EAD/AP limitations

Thank you txh1b for your reply. Does that mean that dependants will also have to change their status to EAD/AP and renew it every year ? Can they renew EAD/AP if they are outside US?

I have another question:

I understand that the H1B holder can continue to work in current employment on EAD and accept another part time job. In the other job , can he work as a representative of a company outside US ? (The company does not have an office in US). How can he handle tax returns as there will be no W-2?

Thank you.

[plbhagwat]

EAD/AP renewal

Also, as it takes upto 90/120 days for EAD/AP renewal , can one travel outside US while the EAD/AP renewal application is in process?

[txh1b]

Myth #1: Renewing EAD/AP is needed to be on parolee status.

Wrong. An applicant that has a 485 pending is automatically on parolee status if s/he does not have another non-immigrant status that is being maintained. EAD/AP renewals are needed for dependents only if they plan on working and if they need to travel.

If you use EAD with your current employer, you can work for any other company in any position on your EAD. Taxation is a complex issue if you are being paid outside the US. You have to work it out with a CPA and may have to pay tax in US for the foreign income earned.

Travel while AP is pending is not advisable unless you plan on entering using a non-immigrant visa. AP is valid only if it was approved before you left US soil.

[waitin_toolong]

your kids dont need EAD if they will not be working, and same goes for spouse. so save money there

they will need AP for travl so make sure to renew timely. USCIS advises sending renewal not more than 120 days in advance and not less that 90 days.

[plbhagwat]

Thank you txh1b & waitin_toolong for your information and advice.

[pri12]

Hi,

I entered US in H4 visa (expired in Apr2008). I have a valid H1B and EAD/AP (through my US employed spouse). I am still looking for projects so I haven't used H1B or EAD yet. I want to go to IND in May2008.
1.) Can I come back to US in AP?
2.) If I am using AP will that affect my H1B visa in any ways? I mean to ask if I get a project by Jul2008, can I work on H1B having used AP to return to US?
3.) My husband is in H1B visa. His visa has expired in Apr2008. Can he also return to US using AP?
4.) Will this affect his H1B visa status? I mean can he continue working for his employer in H1B?
Please reply.
Thanks.

[txh1b]

1. yes
2. No. No, you have to use EAD.
3. yes
4. yes. No, has to use EAD.

Read this:

https://www.immihelp.com/maintaining-h-l-status-vs-using-ead-ap-after-filing-adjustment-of-status/

[pri12]

Thank you very much for you clear answers.
1.) If I have to work only on EAD does this means my H1B is automatically canceled?
2.)Why should returning to US using AP alter my right to use H1B? My H1B is valid up to 2010.
3.) My husband is willing to work on EAD. But is it wise to use EAD before getting GC? What is the probability of getting GC in hand?

[txh1b]

1. H1b can be cancelled only by the petitioner. You will no longer remain on H1b status if you use EAD and become a parolee.
2. Because you chose not to use the H1b by using the AP. You could have a valid H1b stamped and retain your right to be on H1b. Why were you given AP? Because you are a parolee. If you don't want to be one, you can chose not to.
3. It depends on your personal choice. Many people prefer to stay on H1b in case of a 485 denial which will give time for appeals etc and work meanwhile.