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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105568
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My wife has a H4 EAD and is currently in the US under a

Customer Question

My wife has a H4 EAD and is currently in the US under a tourist visa (B1/B2). Can she work since she has her EAD?
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

If she has an H-4, why did she come back in on a B-2 tourist visa?

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

If she used a B-2 to enter the U.S., she is on B-2 status and she cannot use an EAD granted through an H-4. She will need to leave the U.S., get H-4 stamping (if necessary), and come back into the U.S. using the H-4 visa stamp. OR, she can file an I-539 to change status from B-2 to H-4, but she MUST wait until the I-539 is approved before she could use the EAD that she has. Approval of the I-539 can take 3 or more months. I am truly sorry. I know this isn't the news that you want to hear, but I am trying to keep her from getting into trouble and I hope you appreciate that.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello Suhan. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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