reenter with EAD or H4?

[shaa]

Friends,

My wife has valid stamped H4 till 2014. She just got EAD and is currently using EAD at her job. Our I 485 is pending.

She is going for India trip now. At the port of entry when she comes back from India trip,

What status she should use EAD or H4?

If she comes back on H4, will it affect her existing EAD?

She wants to start working again on EAD.after her trip.

My lawyer has suggested to use H4 at the port of entry, even though she has been using EAD but I am confused.

I am thinking, as she has already started using her EAD, she has lost her H4 status. So how can she enter on H4 again ? (she has valid H4 stamp till 2014).

She doesnt want to lose her EAD work authorization after she enters.

I would appreciate your advice.

[Belle]

"I am thinking, as she has already started using her EAD, she has lost her H4 status"

Well, H4 status is not at all like virginity (bad comparison, but you get the gist). She lost it while she worked on EAD, but she may get it back by filing for extention or entering the country. As long as your H1 approval is in good standing, she may enter on H4. Her EAD and H4 are independent of each other. H4 is based on your H1, and EAD is based on her pending I-485.

[shaa]

"I am thinking, as she has already started using her EAD, she has lost her H4 status"

Well, H4 status is not at all like virginity (bad comparison, but you get the gist). She lost it while she worked on EAD, but she may get it back by filing for extention or entering the country. As long as your H1 approval is in good standing, she may enter on H4. Her EAD and H4 are independent of each other. H4 is based on your H1, and EAD is based on her pending I-485.

Belle,

thats really a bad comparison but here nobody can control what one writes....and everyone has his or her own mental capability of using appropriate words.. so I can understand .

coming back to to the question.

thanks for explaining connection between H4 and EAD.

If she comes back on H4, will it affect existing EAD?

Can one start working on EAD the next day entering on H4?

Whts the advantage if entering on H4 than AP?

[tusharvk]

what is the issue?

If she has valid h4, she should use that to enter. AP is just a backup to be used when no valid visa stamp on the passport.

what was the attorney's point about using ead the next day after coming on h4?

[shaa]

exactly, thats what I am asking?

its the same ty[eical answr from attroney ' its a grey area '...so basically whts the use of asking attorney then?...

I dont want her to lose EAD ...thats it...

[shaa]

what is the issue?

If she has valid h4, she should use that to enter. AP is just a backup to be used when no valid visa stamp on the passport.

what was the attorney's point about using ead the next day after coming on h4?

Thanks Tusharvk,

You are right AP is just a back up. but will she lose her EAD work authorization ? So you mean to say , she can enter on H4 and start working on EAD , the next day ?

[tusharvk]

Thanks Tusharvk,

You are right AP is just a back up. but will she lose her EAD work authorization ? So you mean to say , she can enter on H4 and start working on EAD , the next day ?

pls go with the attorney's suggestion. I am not sure why she does not want to enter in AP.

[shaa]

pls go with the attorney's suggestion. I am not sure why she does not want to enter in AP.

Parolee entry has different connotations than entering as H4. (H4 is better as per attorney - if you have one). If you dont have any valid stamped visa, AP entry is the only option but use valid visa if u have one.

My questions is - will she lose her work eligibility (EAD) if she enters on H4 ? as long as she doent lose EAD , she can enter with AP or H4 whichever way USCIS wants.