H4 EAD

[Khushi18]

Dear forum members,

I am on H4 status. My spouse has valid I 140. We both have EAD/AP based on pending I 485. We are traveling to home country and we are planning to re enter on H1/H4 status by going through the stamping process. Our attorney recommended to use current EAD/AP, only when we have no other choice. 

 

I want to start working, so can I apply for H4 EAD when I go for the visa stamping in my home country? I mean is it possible to apply for H4 EAD via consular processing? 

 

Thanks

[pontevecchio]

You have to be in the USA in H4 status to apply for the H4 EAD. If you want to avoid a gap in work, file the H4 RAD after entering in H4 status and then once you get the H4 EAD, you can work on that. In the meantime use the EAD as work authorization.  please ask the lawyer WHY? in the context of your situation

[JoeF]

Just use your existing EAD. Or do you have reason to believe that the I-485 could get denied? Something fishy with the I-140?

You won't get the H4 EAD, since you already have an EAD. They don't issue 2 EADs.

[Khushi18]

10 hours ago, JoeF said:

Just use your existing EAD. Or do you have reason to believe that the I-485 could get denied? Something fishy with the I-140?

You won't get the H4 EAD, since you already have an EAD. They don't issue 2 EADs.

Oh I see. Make sense as they may not issue two EADs, not necessarily is the immigration law though. Nothing fishy about I 140 or I 485 but as you know nothing is guaranteed so why to surrender valid H1/H4 while waiting for 485 approval. Thats the argument from my husbands immigration attorney.