H4 EAD validity after switching from H4 to H1 and back to H4
2 attorney answers
You need a new EAD. The EAD is based on your valid status at the time the I-765 was filed. Although you are in the same status now, your H1 broke the continuity of your previous H4 status and, thus, invalidated the EAD. Stated another way, almost all EAD's are based on an underlining status or pending application. Although the EAD may give a time of validity, the work permit is only valid as long as the underlying status remains valid. Here, your initial H4 ended when you changed status and so the EAD was invalidated.
Please excuse any typos......If you found this advice helpful, please let us know. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
It appears that you must seek a new EAD based on your new lawful status.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
Sponsored Listings
Sponsored Listings
Can’t find what you’re looking for?
Post a free question on our public forum.
Ask a Question- or -
Search for lawyers by reviews and ratings.
Find a Lawyer