MY WIFE IS ON H4 TILL APRIL 2014 , GOING TO INDIA FOR 6 MONTHS. IF I WORK ON EAD , CAN SHE ENTER US WITH H4

Asked over 1 year ago - Pittsburgh, PA

MY WIFE H4 TILL APRIL 2014 I AM HAVING H1 AND EAD BOTH BUT WORKING ON H1B SHE WANTS TO GO TO INDIA FOR 6 MONTHS IF I WORK ON EAD IN ANOTHER COMPANY CAN SHE ENTER USA WITH 4 VISA , HER VISA IS STAMPED TILL APRIL 2014

Attorney answers (3)

  1. Stephen D. Berman

    Contributor Level 20

    7

    Lawyers agree

    Answered . If you mean that you will no longer be in H1b status and not working for your H1b employer, then no. If you mean you will maintain your H1b status but will do other work on an EAD, then yes. If you have an EAD, you must have an adjustment application. If so, perhaps your wife also has an adjustment application and should travel on advance parole.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  2. F. J. Capriotti III

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with Mr. Berman.

    If what you are proposing is to quit your H-1B job .. you won't be on H-1B anymore and she won't qualify for H-4.

    Plus, YOU MIGHT BE OUT OF STATUS ... talk to the lawyer, not a non-attorney in HR, that I assume did the papers ... this could be a very risky, very bad, plan.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more

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