Does getting an EAD affect an H1-B and a H4 visa status? - EB5Investors.com
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Does getting an EAD affect an H1-B and a H4 visa status?

I am on an H1-B visa, and my wife is on a H4 Visa, stamped in our passport, valid until January 2026. We got our EAD after our I485 approval. I am using my H1-B visa to work, and my wife started working after getting her EAD after the I-485 was approved. Does this mean she lost her H4? Can she re enter the U.S. only using her Advance Parol? Have I lost my H1-B, and do I have to use Advance Parol to re enter the U.S. if I leave? Do I have to give my EAD to my employer?

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Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If your adjustment has been approved, then you are no longer a nonimmigrant and you cannot use the H-1B or even the EAD. You need to use the green card to work. If abroad, you should be able to use the advance parole to enter but even that is not clear.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You may have both at the same time and will be able to renew H-1B and H-4 if you are maintaining your H-1B status. You may travel on the H only if you have a U.S. visa in that category to return; otherwise, you need the advance parole.

Dennis Tristani

Dennis Tristani

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If you use the EAD provided through your I-485 process, you will drop out of your current nonimmigrant status and be in the U.S. pursuant to a period of authorized stay based on the pending I-485 (often referred to as "pending I-485 status"). You would want to use your AP to return to the U.S. and not the H-4 visa.

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