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jobas2007

urgent - loss of h1b status , it invalidates h4 EAD

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There is a loss of employment due to which is loss of h1b status, but have GC EAD that has not been used.  In that case if wife is working on H4 EAD, does the loss of h1b status invalidates the H4 EAD?

If thats the case further, if spouse has GC EAD, should she switch to GC EAD before the principal applicant can get a job (which could either be in H1 or GC EAD)? and if once wife uses GC EAD, it is implicit that only option remains for principal applicant is to also seek employment using GC EAD only (and h1b option is lost)

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Of course it does.

The H4 is dependent on the primary person being in valid H1 status. If the primary person is not in valid H1 status, the H4 becomes invalid, and with it of course automatically the H4 EAD.

This really should be common sense.

If a person has an EAD based on a pending I-485, why in the world would the person even use an H4 EAD?

 

 

Edited by JoeF

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The one question still remains.

When should dependent who is currently employed on H4 EAD switch to I-485 EAD?  the situation is that the principal applicant was originally employed on H1B (and did not used I-485 EAD) is yet to start "new" employment in near future. Hence, should the dependent also wait until principal applicant takes job?

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A dependent with a pending I-485 and EAD can use that EAD at any time. There is no requirement for the primary applicant to change to EAD. Why do you think there is?

 

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As mentioned, I (principal applicant) took initially employment with "employer" on H1 B and later the "employer" started GC process through which I got EAD (and so did dependant), but never used GC EAD (as it was not really required with same employer) and continued on H1B. The dependent got H4 EAD after I-140 approval and took employment (and also never used GC EAD, as H1B was valid).

Now once the principal applicant lost employment with H1B "employer" and takes future employment (with new employer) on GC EAD, all I am trying to understand/know is the impact of doing so on the employment of dependent (who itself have not yet used GC EAD)? Does dependent should also get the I-9 updated to use GC EAD (instead of H4 EAD)?

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If you are not on H1 anymore, the H4 which is dependent on the H1 becomes invalid. H4 EAD obviously as well.

So, using the I-485-based EAD is the only option. A new I-9 is necessary because the H4 EAD is invalid now.

But again, the dependent can switch to using the I-485-based EAD even before you are not on H1 anymore.

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