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arnet
10-30-2008, 04:16 PM
my wife (who uses EAD to work, eventhough has H4) is sponsoring her parents for visitors visa, so in their DS-156 form, they are asking any relative in US, so we mention my wife's current status, what will be that? H4/AOS Pending? Thanks.

kondur_007
10-30-2008, 05:09 PM
my wife (who uses EAD to work, eventhough has H4) is sponsoring her parents for visitors visa, so in their DS-156 form, they are asking any relative in US, so we mention my wife's current status, what will be that? H4/AOS Pending? Thanks.

Because she is currently working on EAD, her status is "pending AOS".

This would help from another angle as well: person on H4 is technically "dependent" and not working herself. They can raise the question: then how come she will pay for parents' expenses?

So the truth is: her status is "pending AOS" and this will help from above stand point as well.

Good Luck.

arnet
10-30-2008, 08:42 PM
thanks kondur_007

ski_dude12
10-30-2008, 09:58 PM
If she is working using EAD, her H4 is voided as mentioned in above post. She can show her paystubs/bank statements etc as part of supporting documents.

JK747
11-04-2008, 02:26 PM
Well. Not to confuse anybody or complicate the question any further but I have confirmed with my attorney as well as with few other source who all mentioned that working on EAD does not invalidate H4 as long as the H1 of the primary applicant is valid. If the primary applicant starts working on EAD then H1 gets voided and so does H4. So, in my opinion writing H4/AOS pending as her current status in the form DS-156 should not be wrong.

If she is working using EAD, her H4 is voided as mentioned in above post. She can show her paystubs/bank statements etc as part of supporting documents.

ski_dude12
11-08-2008, 07:24 PM
If spouse who is primary applicant starts working on EAD, his employer then has to file form I-9. This would change his status from H1 to an adjustment of status. This would automatically change the status of the dependent spouse.

I would still get a second opinion on dependent spouse being on H4 even after using EAD. Check with a lawyer if using EAD or having used EAD, using AP to re-enter US triggers change of status.

-Ski

Well. Not to confuse anybody or complicate the question any further but I have confirmed with my attorney as well as with few other source who all mentioned that working on EAD does not invalidate H4 as long as the H1 of the primary applicant is valid. If the primary applicant starts working on EAD then H1 gets voided and so does H4. So, in my opinion writing H4/AOS pending as her current status in the form DS-156 should not be wrong.