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View Full Version : Wife working on EAD, by extending her H4, did I create any issues?


sixburgh
08-13-2010, 11:46 AM
History:
- My h1 stamp on passport was expired, but my H1 renewal has always been done and was valid at all times.
- Wife had entered USA on H4 (2005)
- In July 2007, we both got a chance to apply for 485, EAD and AP
- Since then I switched to EAD, wife too started working on EAD
- But my company also kept renewing my H1
- During the last H1 renewal, in-house immigration lawyer suggested that I should renew my wife's H4 too and we sent both renewal requests in the same package.
- We both received our h1 and h4 notices.
- Now it was time for me, to go to India for visiting my parents. I recently had applied and received my AP. When I asked my lawyer what should I use to re-enter USA, he suggested that even though I am on EAD, since I already have an H1 approval document, I should go to US consulate in India, get a H1 stamp and re-enter on H1.
- This is what I did, I got a stamp and entered USA now on H1.
- Note that my wife continued to remain in USA and worked on EAD.
- Please also note that our EAD's are expiring soon and I am still waiting for them to arrive from NSC.
- Since I entered on H1 and now using H1 on i9, I wont use my EAD, I will just keep it handy for any possible future use
- But once wife gets EAD, she will continue to use it to work.

Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?

(My understanding is that, unless one re-enters BACK into the USA on h1 or h4, no automatic switch is possible)
(I am also under this impression that unless I really file for a CHANGE OF STATUS form, specifically stating that my wife wants to change status to H4, she will continue to be under AOS/EAD)

Someone in my office is scaring me that by merely renewing her H4, I have switched her to H4 and that since the renewal arrived, her working has created something called "illegally working on H4".

Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?

vishwak
08-13-2010, 11:51 AM
History:


Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?


Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?


Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.

Either Change of Status in US or Status when you enter/re-enter to US.

As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.

Lets wait until Experts speak.......

shree772000
08-13-2010, 11:53 AM
Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.

sixburgh
08-13-2010, 11:58 AM
Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.

Either Change of Status in US or Status when you enter/re-enter to US.

As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.

Lets wait until Experts speak.......

I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.

Aren't all H status people supposed to have Dual Intent?

If what you are saying is true, what are the steps I need to take?
Someone is suggesting that I should revoke her h4.
What happens of the fact that she worked since the arrival of her h4 renewal.
Its been less than 100 days....

sixburgh
08-13-2010, 12:01 PM
Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.

Exactly.
I should be fine!
I renewed it for the reason that for any reason her 485 gets cancelled, since she will always have an approved H4, she can atleast go to India, get an new H4 stamp and re-enter
Than going out of status completely.
Isnt that a good plan?

But no, someone is scaring me, is all.

I do hope that more experts read this thread and concur with me OR atleast tell me any corrective action.

vishwak
08-13-2010, 12:08 PM
I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.

Its been less than 100 days....

Did she get Paystub, If not you are good.

I don't think she can have both H4 & EAD. But once she started working on EAD and got paystub....Paid taxes etc.....I'm sure her status will be EAD and no H4 furthur...By any chance if USCIS got hold of it. Might cause problem for her 485 approval.

USCIS gives whatever we ask for. We should be careful and take advise from Attorneys. Not one 2-3 Attorneys as some of the attorneys have limit knowledge. Best suggestions your Employer if he has good knowledge.....As they might have seen lot of cases for their employers.

sixburgh
08-13-2010, 01:25 PM
Did she get Paystub, If not you are good.

I don't think she can have both H4 & EAD. But once she started working on EAD and got paystub....Paid taxes etc.....I'm sure her status will be EAD and no H4 furthur...By any chance if USCIS got hold of it. Might cause problem for her 485 approval.

USCIS gives whatever we ask for. We should be careful and take advise from Attorneys. Not one 2-3 Attorneys as some of the attorneys have limit knowledge. Best suggestions your Employer if he has good knowledge.....As they might have seen lot of cases for their employers.

She did work and yes she got paystub's.
Oh boy.
I am deeply worried now.
What is the corrective action for this?

narimmigration
08-13-2010, 03:45 PM
When my spouse started working using EAD, my employer told us that they cannot renew her H4 since she had already started using her EAD; also my employer renewed only my H1 and H4 for my minor son.

I suggest you to contact a good attorney to know what you should do now.

Good luck.

sixburgh
08-13-2010, 07:05 PM
I saw some information somewhere, but don't have the link right away to post here.
But here is the crux of it.

Basically the guy said that : assuming that the wife is working on EAD, and the moment she gets an H4 extension approval, she automatically comes on H4 status, but the very next day if she goes back to work on EAD, the H4 status gets invalidated and person comes on AOS status instantly.

Now should she force the company to update the I-9 on that date, is the question.

The bottom line I think is : there is nothing called as a STATUS field in any USCIS or DOS computer system. Its what you do that determines your status. I believe USCIS allows dual intent.

Does anyone think that I am wrong?

new2gc2005
08-23-2012, 09:01 PM
Is it necessary to file I9 form after H4 extension gets approved while already working on EAD.

Can you please let know.

Thanks.

anshu
08-23-2012, 11:08 PM
Is it necessary to file I9 form after H4 extension gets approved while already working on EAD.

Can you please let know.

Thanks.

:cool:hey guys after renew H1b we need to must be fillout I-9 form? it is necessary?

sunny1000
08-24-2012, 02:52 PM
Is it necessary to file I9 form after H4 extension gets approved while already working on EAD.

Can you please let know.

Thanks.

You need to renew I-9 only if the EAD status changes.

sunny1000
08-24-2012, 02:55 PM
:cool:hey guys after renew H1b we need to must be fillout I-9 form? it is necessary?

You don't have to fill out a new one if your status is still H1B. The employer should just update with new expiration date of H1B.

Project_A
08-27-2012, 10:06 AM
Our attorney mentioned that the status of H-4 status is not affected by working on the EAD. We have not yet travelled on H-4, so we do not know how it works after re-entering.

shouldIwait
08-27-2012, 10:20 AM
The current status of a person is determined by the last I-94 one has got or otherwise what one has used last on the I-9 form. So when you guys renewed her H4 did she get a fresh I-94 with the approval letter(perforated stub with I-797). If yes, then she did get switched to H4 and the last 100 days was essentially unauthorized work. If she had filed I-9 immediately after then it would've been good. Although, this situation isn't easily trackable and not even strongly enforced. The right thing to do at this point would be to file I-9 form immediately. If employer agrees, she can file with a past date and it'll be all hunky-dory.

If she did not the get an I-94 with the approval then there is no issue at all. In either case I don't think there is much to worry about.

Just my 2 cents...

seahawks
08-27-2012, 12:59 PM
Once you have a valid AOS filed, EAD is a benefit you can avail. As long as you keep renewing your EAD and keep it current, you are allowed to work. H4 and H1 are pure complimentary and companies do file them if an unfavorable decision is made on your adjustment of status, you can go back to being on H1/H4 and be in the country legally once you notify USCIS of the change in status and the validity of your H1/H4. Companies keep extending H1 and H4 as a safety net both for the employer and employee.

On a side note, please join our efforts in supporting the summit and come to San Jose. Making this a success will stop all of us from worrying about things like this.