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Approved EAD & applied for H1/H4 extension (8th year)

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  • Approved EAD & applied for H1/H4 extension (8th year)

    I have applied for concurrent 140/485/EAD/AP for which I have already received approved EAD cards and still waiting for AP approval and any advise on below listed questions are greatly appreciated:

    (1) In a situation if spouse on H4 who also received approved EAD is it ok to take up any job offers on EAD (I am sure answer is YES)? But what will happen to their H4 once new job is accepted based on approved EAD?

    (2) If spouse on H4 accepts job based on approved EAD, then can primary (H1) still continue to work on H1 until I-140 & 485 gets approved?

    (3) Recently I have applied (just 2 days before I received EAD cards) for H1/H4 8th year extension and in the mean time based on approved EAD if spouse on H4 accepts job offer and in that situation what will happen to new H4 that was applied for 8th year extension and got approved, by then spouse already accepted job offer and working on EAD.

    Please advise

  • #2
    H4 uses EAD to work and loses H4 status.

    H1 will not be affected by H4 using EAD

    the extension will be useful if ever planning to switch back to H4 otherwise irrlevant.

    Comment


    • #3
      Thank you so much on your valuable input, I am clear on your response for (1&2) questions but your response for (3) If I heard you correctly are you saying that if spouse on H4 decided to work on EAD and in the mean time already applied H4 extension approval come back then this (h4) goes into sleep mode??(since H4 started using EAD) and just in case if something goes wrong with GC process then she can always switch back to H4 using this approved H4 correct?

      Please advise

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      • #4
        her last action counts if she is still using EAD after the ext approval comes then she again abandons her H4.
        the only way to reinstate it to reenter using H4.

        Comment


        • #5
          Thank you once again on your prompt response, One last question, in order to reinstate her H4 status as you described she needs to renter US using approved new H4 and in an event if her passport doesn’t carry newly approved H4 stamping then she needs to get it stamped in India or any other US Visa offices located prior to flying/traveling back into US correct?

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          • #6
            no prior H4 approval is required, she will have to get a H4 stamp which can be obtained on the basis of your approve and current H1.

            Comment


            • #7
              Thank you, your input was very helpful...

              Comment

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