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rgsiva_it3

H4 status after working on Green Card EAD

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Hello,

I got my Green Card EAD through my husband who is in H1-B status. My Husband has NOT started using his Green Card EAD and would like to maintain his H1 status until he gets his Green Card.

Meanwhile I have started working on a part time job through my Green Card EAD. My question is, can I still maintain my H4 status by applying for H4 extension along with my husband's H1-B extension? Pls advise.

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You can apply for an H4, but if you continue working you would immediately be back on the EAD. I am sure USCIS wouldn't mind the money you pay for the H4 which you would just be wasting if you continue working.

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@pontevecchio @JoeF- The reason i still would want to maintain my H4 status even though i have started using my GC EAD is because when i travel outside of USA and come back, DHS would make me to wait for 2-3 hours at the port of entry by validating the GC EAD that has the Advance Parole.

We do not wish to go through this route every time we travel. Rather I wish to show the H4 non-immigrant visa which would reduce the wait time significantly.

Also, my husband's company would be paying for the H1-B extension and H4-extension visa expenses. So there is no cost issues for us.

Pls advise if i can continue to apply for my H4 visa extension till i get my Green Card on hand. Thanks for your help.

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The EAD is absolutely irrelevant when you return. The first time you return on AP, you MAY go to secondary Inspection adding less than an hour usually. Additional times will not mean secondary Inspection. If you return in H4 status and work based on the GC EAD, you will be back awaiting AOS and not in H4 status

3 hours ago, rgsiva_it3 said:

DHS would make me to wait for 2-3 hours at the port of entry by validating the GC EAD that has the Advance Parole.

How many times have you travelled and been stuck for 2-3 hours. ? By using the word would, do you mean it has happened multiple times or is it something that you anticip[ate happening in future?

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I think you did not understand what @JoeF is saying. you can apply for H4 but as soon as you start working on your GC EAD, you H4 will be gone. You cannot be on H4 and keep working on your GC EAD. So if you want to remain on H4, you need to stop working. It is that simple.

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7 hours ago, rgsiva_it3 said:

Also, my husband's company would be paying for the H1-B extension and H4-extension visa expenses. So there is no cost issues for us.

So, the employer would pay for it, then you fall immediately back to the EAD because you are working...

I doubt that the employer would pay for repeated H4s...

It simply does not make any sense.

And with AP (the EAD is irrelevant for entry) entry isn't any slower, except for maybe the first time.

You need to stop believing rumors.

You either work with the EAD or you don't work and can stay on H4. Very simple. Both is not possible.

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@JoeF @pontevecchio Thanks very much for the response. I will continue to maintain my status with GC EAD along with Advance Parole.

What about my husband? Can he still maintain his H1-B status while waiting to get the Green Card? Note: He has not activated his GC EAD and don't wish to do so because his H1-B LCA salary his company is offering is more than what he would be offered when he starts using his GC EAD. So he wish to maintain his H1-B status till he receives his GC. Can he still maintain his H1-B status by applying extension?

Pls advise.

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His H1 is independent from you using the EAD. He can continue on his H1.

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