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View Full Version : Does my wife have a valid H4 status now?


manbeing
10-21-2014, 09:25 PM
I am in H1b status and also have filed I-485. My wife is my dependent (H4). Both of us have EAD and AP.

My wife became H4 status in 2012.
She have started using EAD to work since 2013.
She used advanced parole document to come back to the states after vacation in the end of 2013

I am going to extend my H1b and her H4 soon, but just confused about whether she still holds a valid H4 status now since she has used AP to enter the border in 2013? I never used AP or EAD, so my H1B is definitely valid

imh1b
10-22-2014, 09:18 AM
I am in H1b status and also have filed I-485. My wife is my dependent (H4). Both of us have EAD and AP.

My wife became H4 status in 2012.
She have started using EAD to work since 2013.
She used advanced parole document to come back to the states after vacation in the end of 2013

I am going to extend my H1b and her H4 soon, but just confused about whether she still holds a valid H4 status now since she has used AP to enter the border in 2013? I never used AP or EAD, so my H1B is definitely valid

No

spicy_guy
10-22-2014, 10:41 AM
I am in H1b status and also have filed I-485. My wife is my dependent (H4). Both of us have EAD and AP.

My wife became H4 status in 2012.
She have started using EAD to work since 2013.
She used advanced parole document to come back to the states after vacation in the end of 2013

I am going to extend my H1b and her H4 soon, but just confused about whether she still holds a valid H4 status now since she has used AP to enter the border in 2013? I never used AP or EAD, so my H1B is definitely valid

When you have EAD why do you want H1 again? If you come back on H1, she has to go back on H4. Even if she used AP, once you get your H1, you have to apply for her H4.

mantagon
10-22-2014, 01:36 PM
...so, let me explain...

According to the current laws, both you and your spouse can actually use your respective AP's to come back to the country after travelling abroad, and as long as you continue to work for the same company that did your H1, you will continue to be in H1 (even if you used AP), and your I-485 dependent will continue to be your dependent and use EAD to work.

This has an added benefit that you only have to renew your H1 every 3 years from here, and even if the actual H1 VISA stamp is expired on your passport, you don't have to get a new one in the US consulate at your home country - as you will be using AP to enter back and not H1.


When you have EAD why do you want H1 again? If you come back on H1, she has to go back on H4. Even if she used AP, once you get your H1, you have to apply for her H4.