View Full Version : H4 Validity when EAD already used.

12-29-2008, 12:59 PM
Hi Everyone,

I do not know if anyone has gone through the same situation or not, but since this forum is used by so many people, i am sure someone will answer to this question.

I am on H1b and got H1 extension for another 3 years. I have got my EAD but have not used it. I also have AP.
My wife on the other hand has used her EAD. She started using her EAD after she got her H4 Extension.
She used the EAD for only 3 months and then she stopped working.
Now we are going to India this week and think of getting H1b/H4 stamping from New Delhi.
Since i havent used my EAD, i should be fine to get H1B stamping, but for my wife i am not sure. Can she go with me and apply for H4 re-validation?
Since she has used her EAD, what is her current status?

I would appreciate if someone can respond to this question.

12-29-2008, 03:12 PM
You both should be able to re-validate your H visas. Your wife does not have H4 status now, but she will get it back after re-entering US with H4 visa stamp. No need to worry. If you want a backup, why not to apply for AP as well?

12-29-2008, 04:01 PM
We do have the AP, but saw on a different post that if someoen used EAD and then did h4 extension, then it would mean that a person is abondoning the AOS .. I really doubt it because so many people have used AP to come back to US and their status is Parolee- AOS now.
So if they file for H1b extension, that should not mean that a person has abondoned the AOS..
Please correct me if i am wrong..

12-29-2008, 04:14 PM
Usually, since H visas are dual-intent , a person can stay in H1B along with applied AOS status. But, I also remember, when I got my second 3 year extension on Feb 08, the lawyers did not apply for the extension of my wife's H4 along with that , the reason , I was told was there might be a conflict when she starts working on EAD or something similar. I didn't mind that much and didn't probe them too much about this because we had no intention of keeping her H4 status alive. So, you might want to check with your company's immigration lawyers or your own , if you happen to have one , if that'd be okay.

12-29-2008, 07:20 PM
div_bell_2003 is right. My lawyers said that since she is using EAD she cant apply for H4 as she is not allowed to work on H4. H1 is dual intent and hence you can have that stamped. Please check with your lawyers as getting H4 can be a problem (I think my lawyer said it can amount to abandoning your immigrant application - dont quote me on this but do consult a lawyer)

Have a safe trip

12-30-2008, 12:18 AM
this doesn't sound right to me. if your wife worked on EAD and is planning to change over to H4 again before reentering the country I don't think it should be an issue at all. Regardless of dual intent you can basically say she has decided to not work.