H4 cancellation after using EAD


developer69

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Hi, It would of great help if any one could give their expert advise with my situation.

I have H4 visa valid till Oct 2013 and recently got my EAD ( dependent). My husband does not plan on using his EAD any time soon until we travel as he has a valid H1B .

  1. If i start working,and get into payroll does that mean my H4 is automatically cancelled.
  2. Will i be out of status if our 485 gets denied ( just thing of worst thing that could happen)

Thanks!

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Technically as the law stands now, if an individual utilizes their EAD to work while in H4 status, that individual will no longer be considered maintaining valid H4 status, but rather will be in a period of authorized stay based on the pending Adjustment of Status petition. Therefore, if your I-485 petition were to be denied you would need to take some affirmative action to place yourself back in valid H4 status. If you would like to discuss this in more detail it is advisable to speak to a qualified U.S. immigration attorney. The Murthy Law Firm has very well-regarded H1B and Green Card Departments with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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