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
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.
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.
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