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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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My friends wife is currently on EAD and her husband is on H1B.

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My friends wife is currently on EAD and her husband is on H1B. Can she switch her status to H4 dependent visa as his husband is still is working on H1B.
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I see your friend's wife is working with an EAD, but in what non-immigrant status does she hold right now?

Customer: replied 3 years ago.

She is not working with EAD but living in united states as an EAD card holder. She got her EAD as an add on to her husbands primary. Her husband is continuing his work on H1B status.

Hi there,

I still need just a little more clarification of the situation, tomake sure I have everything right.

A person doesn't live in the US as an EAD card holder. EAD is a result of being in some status, but it does not create a status for a person to stay in the US. In other words, a person is issued an EAD if they are in some status that allows for it, but once she loses that status, the EAD can be revoked.

So are you saying that her husband has an employment based Adjustment of Status application case, and his wife is on the petition and application? And so she was issued an EAD as a result of a pending green card application?
Customer: replied 3 years ago.

Yes that is true. He no longer wants to sponsor her green card. But at the same time wants to give her time so that she can switch to a different status of her own.

Okay, I think I'm clear now.

The concern is that because she is issued an EAD, that her H4 status is no longer valid. So this begs the question of when her I-94 expires for the H4 status.

Let me make it even easier.

If the I-94 for her H4 status remains valid, then she can still be in H4 status until such time that the divorce is finalized.

So before the divorce is finalized, and before the I-94 expires for her H4, she can apply for a change of status. This is true even if she has an EAD. Now if the I-94 has expired, and she still is in the US, then this is not possible. She has to move forward with the Adjustment of Status or otherwise leave the US.

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