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H4 Ead Vs Ead Based On Aos

Discussion in 'Filing for AOS with an approved I-140' started by neo82, Sep 16, 2015.

  1. neo82

    neo82 New Member

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    I have a question related to new visa dates USCIS published. I am in EB2 category with approved I-140 from current employer. My wife is beneficiary of H4 EAD. She is currently working based on her H4 EAD.

    If I file I-485 AoS along with I-765 for both me and my wife, what will happen to her H4 EAD once she receives new EAD based on I-485 filing.

    I understand that as long as I don't use my EAD with my employer (I-9 form), I am still consider on H1B visa. Is it same for her? If we don't change her I-9 form can she continue to use H4 EAD?

    Benefit for staying with H4 EAD is that she can have 3 years of EAD instead of one year she will receive based on EB-485 filing.
     
  2. djayash

    djayash Guru

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    That is correct..If you maintain H1B status, she can still use her H4 EAD or AOS EAD..If you decide to use your AOS EAD, she has to as well...
     
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  3. BLUELABEL

    BLUELABEL Junior Member

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    One disadvantage is she cannot use AP for travel and H4 EAD for work. After expiry of H4 EAD, she has to renew both H4 and H4 EAD to work using H4 EAD.

    In my personal opinion I would use I-485 EAD as renewal is free and no travel or H4 renewal issues.
     
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  4. gcwait1234

    gcwait1234 Member

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    Will USCIS even issue another EAD for your wife when she has a valid EAD already. Per my understanding, they won't issue a new EAD when you apply 120 days before the expiration date. EAD category doesn't matter. I am in the same situation. Can some expert throw more light on this?
     
  5. neo82

    neo82 New Member

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    Thanks for your replies. Can someone answer gcwait1234 question?
     
  6. djayash

    djayash Guru

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    IMO, they will issue as the EAD's are different. For AOS, you will receive a combo card (EAD/AP). Which EAD she decides to use will be based on what she does at port of entry.
     
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  7. neo82

    neo82 New Member

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    One option is to not file EAD/AP for wife right now and file it later (close to H4 EAD expire date). Only get EAD/AP for myself. I am planning to stay on H1B with current employer so she will be on H4 as well.

    When I file for spouse EAD/AP separately, do I have to pay for filling fee (I-765 filing fee)?
     
  8. djayash

    djayash Guru

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    Why would you wanna do that? Just get the EAD/AP for both at once...Renewals are fee anyhow and if you are on H1B, she is on H4 EAD or EAD/AP (her choice)..I would just get it done in one shot...
     
  9. neo82

    neo82 New Member

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    I understand. My lawyer told me that there is no clear understanding of what happens to H4 EAD if my wife's get EAD based on I-485. May be USCIS will clear confusion in coming days!
     
  10. yellowstone

    yellowstone Guru

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    IMO, using AOS EAD is better than H4 EAD any day, as it frees the person from maintaining H4 status ( having the spouse maintain H1 status)
    What if, the primary applicant himself/herself chooses to use AOS EAD, then the spouse will have to use AOS EAD
    Better to apply for AOS EAD. Ron has stated in an earlier exchange that AOS EAD will supersede H4 EAD.
     
  11. DonDraper

    DonDraper Guru

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    The new i-485 EAD/AP will override all existing EAD's.
     
  12. Tintu Pathrose

    Tintu Pathrose New Member

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    Do we have to do the medical for filing the AOS from the acceptance dates? My employer -law firm said that i don't have to do it.
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I am advising my clients to submit it with their initial filing.
     

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