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  #1 (permalink)  
Old 2nd March 2008, 10:13 PM
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Default h4 and ead confusion

hi gals
i ve a few doubts
i got my ead(work permit) and am still in h4. my h4 is getting expired on october 2008.
1)when should i renew h4? how many months before oct 08 shld i apply for renewal.
2)I am planning to use ead when joining university by august. will my h4 be invalid? will my husband;s h1 be invalid too because of my ead usage?
3)should I renew my h4 if iam planning to use my ead? if so why.

thanks a lot gals
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  #2 (permalink)  
Old 3rd March 2008, 08:46 PM
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Default Re: h4 and ead confusion

Dear swtsvn,

(Please make sure you confirm all of the following with your lawyer before taking any action.)


I hope I am correct in assuming that you got your EAD based on your husband's Green Card application. If that is the case, then the moment you exercise your EAD, you become a valid case of "Adjustment of Status". Being on AOS means is that you are neither on H4 nor on Green Card, however, being in this status authorizes you to work and/or travel (with the following documents) while you await your GC.

One point to remember is that being on this status does not automatically make you eligible for work or travel. Hence, you are given EAD (Employment Authorization) to work and AP (Advance Parole) to be able to travel outside the country and re-enter.

You should, however, be able to study regardless of visa status.

Hope this helps getting some clarity-
Shalini
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  #3 (permalink)  
Old 31st March 2008, 11:57 AM
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Default Re: h4 and ead confusion

hello shalini
I am on h4,i got my EAD & I-140 approval.So can I work with that without any future problems.
No need to apply h1?
regards
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  #4 (permalink)  
Old 31st March 2008, 12:08 PM
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Default Re: h4 and ead confusion

Quote:
Originally Posted by MythiliMurali View Post
hello shalini
I am on h4,i got my EAD & I-140 approval.So can I work with that without any future problems.
No need to apply h1?
regards
Its optional.I got my EAD thru my husband's GC process.Our H1 -H4 expired in Feb 2008. We opted not to renew our visas as my husband 's dates are current and we can expect approval anytime soon.
Are your dates current?If it is then it will probably be good idea to not to renew visas.
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  #5 (permalink)  
Old 31st March 2008, 02:41 PM
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Default Re: h4 and ead confusion

hi
my husband's visa is going to expire but he renewed it automatically my h4 also.we thought that i can shift on to EAD when i am working.Can I do it?
regards
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  #6 (permalink)  
Old 31st March 2008, 02:46 PM
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Default Re: h4 and ead confusion

Quote:
Originally Posted by MythiliMurali View Post
hi
my husband's visa is going to expire but he renewed it automatically my h4 also.we thought that i can shift on to EAD when i am working.Can I do it?
regards
Yes,you can do it.
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  #7 (permalink)  
Old 1st April 2008, 08:27 PM
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Default Re: h4 and ead confusion

Hi Shal,
What do u mean by "the moment you exercise your EAD"? I got my EAD and travel documents also, but I haven't used them it now any where. I still have my h4 visa but the stamping in my passport has expired. Now I'm going to India and I want to use my travel documents without going for visa stamping? Can I?

thanks,
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  #8 (permalink)  
Old 1st April 2008, 08:33 PM
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Default Re: h4 and ead confusion

Hi Shal,
What do u mean by "the moment you exercise your EAD". How to exercise the EAD? I got my EAD and travel documents but I haven't used them till now any where. I still got my h4 visa but the h4 stamping on my passport is expired. Now I'm going to India and thinking of using my travel documents without going for visa stamping. So if I don't exercise my EAD, can I use my travel documents or not?

Thanks




Quote:
Originally Posted by Shal View Post
Dear swtsvn,

(Please make sure you confirm all of the following with your lawyer before taking any action.)


I hope I am correct in assuming that you got your EAD based on your husband's Green Card application. If that is the case, then the moment you exercise your EAD, you become a valid case of "Adjustment of Status". Being on AOS means is that you are neither on H4 nor on Green Card, however, being in this status authorizes you to work and/or travel (with the following documents) while you await your GC.

One point to remember is that being on this status does not automatically make you eligible for work or travel. Hence, you are given EAD (Employment Authorization) to work and AP (Advance Parole) to be able to travel outside the country and re-enter.

You should, however, be able to study regardless of visa status.

Hope this helps getting some clarity-
Shalini
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  #9 (permalink)  
Old 1st April 2008, 08:37 PM
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Default Re: h4 and ead confusion

Hi,
You said the dates are current. What is the current date they are processing?

thanks


Quote:
Originally Posted by chocolate View Post
Its optional.I got my EAD thru my husband's GC process.Our H1 -H4 expired in Feb 2008. We opted not to renew our visas as my husband 's dates are current and we can expect approval anytime soon.
Are your dates current?If it is then it will probably be good idea to not to renew visas.
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  #10 (permalink)  
Old 1st April 2008, 08:54 PM
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Default Re: h4 and ead confusion

Quote:
Originally Posted by pebblebeach View Post
Hi,
You said the dates are current. What is the current date they are processing?

thanks
Dates are current means the visa is available for my husband to get a GC and in turn me. Current dates processing only is taken into consideration if dates are current.Becoz our dates are current our GC can be processed anytime.
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