PDA

View Full Version : Used Ead for 5 days H4 status in question


ameryki
01-02-2009, 10:53 AM
Hello All,
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.

rsdang
01-02-2009, 11:17 AM
Please consult a lawyer - She is now AOS and should not go back to H4 as that can mean she is abandoning her AOS which I am sure you dont want. I would not even recommend getting H4 stamped in her passport. ( same reason). I am in the same boat and my wife is using EAD - My lawyer did not process her H4 extension and only processed my H1 extension.

Again - please consult a lawyer

LostInGCProcess
01-02-2009, 11:29 AM
Hello All,
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.

No you don't have to renew EAD to maintain AOS. EAD is one of the benefits (or privilege) you get while your GC application (I-485) is pending. If the person is not going to work, there is no need to renew EAD. Also, same for AP. If you don't intend to travel, no need to renew AP each and every year.

unknown123
01-02-2009, 08:34 PM
Hello All,
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
No it is not required to maintain valid EAD if you are in AOS.

EB3_SEP04
01-03-2009, 01:09 AM
Please consult a lawyer - She is now AOS and should not go back to H4 as that can mean she is abandoning her AOS which I am sure you dont want. I would not even recommend getting H4 stamped in her passport. ( same reason). I am in the same boat and my wife is using EAD - My lawyer did not process her H4 extension and only processed my H1 extension.

Again - please consult a lawyer

Just like one can have both H1 as well as AOS, the dependant can also have H4 and AOS at the same time. There is no law/rule that even remotely suggests that getting an H visa means abandoning the AOS. My 485 was denied and had to get H1/H4 for me/my wife. Now we again have AOS, but i still have H1 and plan to enter on H1 if have to re-enter US after a trip abroad. There are hundreds of folks on this forum who extend/stamped their H1/H4 even when they had AOS.

commenting/guessing on a situation without the knowledge of the related law/rule could mis-lead the poster. This is not meant to be a criticism, just a suggestion.

alterego
01-03-2009, 01:28 AM
Pending AOS or 485 is a type of legal status. It also allows you to apply for additional work and travel privileges as long as the underlying 485 remains pending. If you choose not to avail yourself of those benefits that that is up to you. You would end up in trouble only if you violate that by then working or travelling (absent the USCIS permission through EAD or AP). As long as you just sit there and especially if you are a derivative beneficiary, there is no problem.
That said, many people choose to get EAD/AP in hand in case an employment opportunity or an emergency need for travel comes up. Remember an EAD/AP application may take up to 3mths to get approved.

gcdreamer05
01-03-2009, 10:32 AM
Folks the solution is simple,

If you believe your wife is not interested in future employment atleast for the next 2 years then do not renew your EAD. (I say 2 yrs because EAD is given now for 2 yrs).

If you have stamping on her passport for h4 then no need for AP.

If the stamping on her passport for h4 has expired then apply for AP (since you can show AP and come back and still be on h4). This appln for AP has to be done atleast 3 months before you need it (consider processing time).

If your wife decides she has to start working then apply for EAD like 4-6 months before preferred emp start date.

I do not have EAD (but eligible to apply for one), still on h1b, visa expired have just AP, so if I need to go back to home land ill show AP and come back and still be on h1, hope this answers all your questions.