H4 to EAD and back?


EB2I2009

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Hello Team,

I am currently on H1 and my wife is on H4. We both have active I-797 receipts and our Visa stamp on passport is expired. We have pending I-485 for couple of years now in EB2-I category and received EAD/AP.

 

My wife wants to start job here using EAD (not H4-EAD but AOS EAD). What will happen to her status if she starts job using her EAD and then stop doing the job or take a break in job?

1.            Is it going to impact our pending I-485 where she is dependent?

2.            What status she has while on job break?

3.            How do I and she re-enter USA when go outside? what status she is if doing job and what status she is if on break. 

 

Thanks in advance.

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  • 2 weeks later...

Hello, In continuation to this previous topic I am employed and have an EAD / AP with 485 (AOS) pending for my spouse / myself. We both have current stamping for H1b/H4.  In this situation if I travel can I re-enter with my H4 even though I am employed ? obviously with my spouse travelling with me on the H1b.

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  • 4 months later...

I think our condition is kind of same.

My wife moved to H1B visa from J1 on Jan 1st 2017.  I moved to H-4 from J-2. My wife filed for green card in EB1 B 'outstanding researcher' category in October, 2016. She did the concurrent filing (i140 and i485 together). By filing concurrently, we got EADs which are valid till August 2017. I used my EAD to work starting Jan 2017, my wide didn't use her EAD. So, Do you think by using I-485 EAD to work, my H-4 visa status is invalidated from the date I started using EAD (Jan 2017)? My I-485 is still pending.If my I-485 is denied do I need to leave the country immediately or is there any other option available? Any suggestions

Thanks in advance.

 

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