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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

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

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Attorney answers 3

Posted

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 attorney to discuss your individual case.

Posted

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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Posted

I agree.

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