H4 to EAD and back?

[EB2I2009]

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.

[pontevecchio]

1. NO

2. Awaiting AOS

3. Travel on AP and work or not on EAD. She may or may not work if she chooses.

[EB2I2009]

Thanks you Pontevecchio. 

 

Just one more clarification. I can still be on H1, correct? So if we both go outside country, I will need valid Stamping to return on H1 while she can comeback with AP/EAD combo. 

 

[pontevecchio]

Yes. She can also come back in H4 status and once she uses the EAD based on AOS as work authorization she will be awaiting AOS and not be in H4 status. No problem either way .

[prjbh]

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.

[PJJ]

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.

 

[JoeF]

Why do you think your I-485 could get denied?

Such stuff is highly unlikely.