EAD to H1B / What happens to dependent EAD

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06-26-2017, 08:34 AM
desiman

EAD to H1B / What happens to dependent EAD

Hi

I am on EAD since last 5-6 years (forgot the count) and travel out of country often for couple of days. Cause of EAD at POE I need go through secondary inspection every time, the passport is full of parole stamps and the immigration officers have started to recognize me. Its not that bad, but still thinking if I should get my H1 stamped so I can avoid the secondary inspection and probably get the global entry access.

Question is would myself moving to H1 affect dependent EAD status as she is working using that EAD. and would I still be able to extend EAD if required
06-26-2017, 09:27 AM
Spectator

Quote:

Originally Posted by desiman

Hi

I am on EAD since last 5-6 years (forgot the count) and travel out of country often for couple of days. Cause of EAD at POE I need go through secondary inspection every time, the passport is full of parole stamps and the immigration officers have started to recognize me. Its not that bad, but still thinking if I should get my H1 stamped so I can avoid the secondary inspection and probably get the global entry access.

Question is would myself moving to H1 affect dependent EAD status as she is working using that EAD. and would I still be able to extend EAD if required

Your wife's EAD is based on her pending I-485, not your status. If you choose to move back to H1B status, she can continue to use her EAD based on her pending I-485.

You can continue to extend your EAD and AP. Merely holding a valid EAD would not affect the validity of H1B status if you moved back to it. Choosing to use the EAD for employment authorization would terminate H1B status, as would using AP to enter the USA.

Moving back to H1B status would give your wife the option to move back to H4 status in the future, should she wish to do so, although to maintain that status AND work would require an H4-EAD to be approved.

Answers to the best of my knowledge.
06-26-2017, 11:12 AM
srimurthy

Quote:

Originally Posted by Spectator

Your wife's EAD is based on her pending I-485, not your status. If you choose to move back to H1B status, she can continue to use her EAD based on her pending I-485.

You can continue to extend your EAD and AP. Merely holding a valid EAD would not affect the validity of H1B status if you moved back to it. Choosing to use the EAD for employment authorization would terminate H1B status, as would using AP to enter the USA.

Moving back to H1B status would give your wife the option to move back to H4 status in the future, should she wish to do so, although to maintain that status AND work would require an H4-EAD to be approved.

Answers to the best of my knowledge.

Spec,
A question for clarification, even though I am not in this situation!
Would moving back to H1 mean that H1 is coming from the new lot or from the previous one even though that has not been used and discontinued after filing I-485 and using AP or EAD?