Using GC EAD (H4)

[hxtt]

Wife is currently on H4 and has a GC EAD based on pending AOS application. Does her status change to AOS if she works using GC EAD?

What would be her status if she gets a H4 stamping later and uses that for entry and then subsequently continues working for the existing employer?

Is there any downside to using GC EAD?

[JoeF]

If she uses the AOS EAD she is no longer on H4. Even if she enters on H4, as soon as she uses the AOS WAS again she if off the H4.

[Attorney_10]

An H4 spouse may generally work pursuant to an AOS-based EAD while his or her AOS application is pending without losing H4 status and without interference with travel capabilities pursuant to the H4 visa. However, this is provided that the primary H1B spouse is still maintaining valid H1B status during this time.

By contrast, an H1B visa holder would lose H1B status if the individual changes from working as an H1B to working pursuant to an AOS-based EAD.

Every case is different. Therefore, prior to taking any specific action it is advisable to speak with an experienced U.S. immigration attorney as there are nuances to any situation and approach. https://www.murthy.com/client-services/hire-us/