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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #1  
Old 08-13-2010, 12:46 PM
sixburgh sixburgh is offline
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Default Wife working on EAD, by extending her H4, did I create any issues?

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 ?
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  #2  
Old 08-13-2010, 12:51 PM
vishwak vishwak is offline
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Default

Quote:
Originally Posted by sixburgh View Post
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.......
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  #3  
Old 08-13-2010, 12:53 PM
shree772000 shree772000 is offline
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Default You are fine.....

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.
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  #4  
Old 08-13-2010, 12:58 PM
sixburgh sixburgh is offline
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Default

Quote:
Originally Posted by vishwak View Post
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....
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  #5  
Old 08-13-2010, 01:01 PM
sixburgh sixburgh is offline
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Default

Quote:
Originally Posted by shree772000 View Post
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.
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  #6  
Old 08-13-2010, 01:08 PM
vishwak vishwak is offline
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Default

Quote:
Originally Posted by sixburgh View Post
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.
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  #7  
Old 08-13-2010, 02:25 PM
sixburgh sixburgh is offline
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Default

Quote:
Originally Posted by vishwak View Post
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?
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  #8  
Old 08-13-2010, 04:45 PM
narimmigration narimmigration is offline
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Default

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.
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  #9  
Old 08-13-2010, 08:05 PM
sixburgh sixburgh is offline
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Default

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?
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Old 08-23-2012, 10:01 PM
new2gc2005 new2gc2005 is offline
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Is it necessary to file I9 form after H4 extension gets approved while already working on EAD.

Can you please let know.

Thanks.
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  #11  
Old 08-24-2012, 12:08 AM
anshu anshu is offline
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Default I-9 is necessary after H1b extension

Quote:
Originally Posted by new2gc2005 View Post
Is it necessary to file I9 form after H4 extension gets approved while already working on EAD.

Can you please let know.

Thanks.
hey guys after renew H1b we need to must be fillout I-9 form? it is necessary?
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  #12  
Old 08-24-2012, 03:52 PM
sunny1000 sunny1000 is offline
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Default

Quote:
Originally Posted by new2gc2005 View Post
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.
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Old 08-24-2012, 03:55 PM
sunny1000 sunny1000 is offline
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Quote:
Originally Posted by anshu View Post
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.
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  #14  
Old 08-27-2012, 11:06 AM
Project_A Project_A is offline
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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.
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Old 08-27-2012, 11:20 AM
shouldIwait shouldIwait is offline
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Thumbs up Did she get a fresh I-94

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...
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