How can one maintain H-4 status while working on I-485 based EAD? - EB5Investors.com

How can one maintain H-4 status while working on I-485 based EAD?

I am currently on H-1B status with a pending I-485 application. My wife recently entered the U.S. on an H-4 visa, and I have since submitted a follow-to-join application for her. She has also received an EAD/AP combo card based on the I-485. Can she work using the I-485-based EAD while still retaining her H-4 status? Would her employment using the EAD impact her H-4 status?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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

One can alternate between EAD/AOS and H-visa status.

Dennis Tristani

Dennis Tristani

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

Using the EAD to formally work will cause one to drop out of H-4 status and remain in the U.S. pursuant to a period of authorized stay based on the pending I-485 application ("I-485 pending status").

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.