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I was on F1 status (F1 Visa stamped) in 2017 and had applied…

Hi, I was on F1...

Hi,
I was on F1 status (F1 Visa stamped) in 2017 and had applied for COS to H4 and H4 EAD in October 2017. Got H4EAD approval card starting at 1st Jan 2018 to March 2020.
Because of some urgent personal reason I need to travel to India for 1 week. Its not enough time to get H4 stamped. I am planning to re enter US on F1 visa stamp.
My question is, by doing this will my H4 EAD become invalid for future use ? If I again apply for COS to H4 from F1, will I need a new H4 EAD card or once My H4 COS is approved, I can use the old H4 EAD card (which had expiry date of March 2020). I need to travel in one week, any help will be much appreciated.

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

Hi

Lawyer's Assistant: Hello. How can I help?

Hi,
I was on F1 status (F1 Visa stamped) in 2017 and had applied for COS to H4 and H4 EAD in October 2017. Got H4EAD approval card starting at 1st Jan 2018 to March 2020.
Because of some urgent personal reason I need to travel to India for 1 week. Its not enough time to get H4 stamped. I am planning to re enter US on F1 visa stamp.
My question is, by doing this will my H4 EAD become invalid for future use ? If I again apply for COS to H4 from F1, will I need a new H4 EAD card or once My H4 COS is approved, I can use the old H4 EAD card (which had expiry date of March 2020). I need to travel in one week, any help will be much appreciated.

Lawyer's Assistant: Have you talked to a lawyer yet?

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Answered in 1 minute by:
1/12/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,442
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Unfortunately, when you come back in using the F-1, you would be in F-1 and your H-4 and H-4 EAD will no longer be valid. You cannot use the EAD. You would have to file a new I-539 to COS along with a new I-765. I am truly sorry.

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.

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Customer reply replied 4 months ago
Hi Guillermo, thanks for the response. Bad or good, I am glad that you are giving correct information, which is most important. So based on your response, Post entering US on F1, I cant just apply I539 to COS from F1 to H4 and post COS approval I will be on H4 and can use my existing H4EAD card which was approved till March 2020 ?

When you come back in using the F-1 visa, you would be in F-1 student status. You can then file a new I-539 to change status from F-1 to H-4 and a new I-765 to get a new EAD. You CANNOT use your existing EAD if you come back in using the F-1. You need a new one. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 4 months ago
Trust me your responses reserve full rating and I will surely give that. Just one last question, I currently have F1 stamped till May 2021. If I get H4 stamping done based on my approved I539 and I765 and Enter US on H4 visa, in that case I can continue to be on H4 status and use current H4 EAD card ? Would my F1 visa still be valid, meaning can I move out of country after six months and enter back on F1 status with already stamped F1 visa ?

Yes, if you get H-4 visa stamping and use that to enter the U.S., then you can use the EAD. The F-1 visa is not normally cancelled.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,442
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
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Experience: Principal Attorney at Guillermo J. Senmartin, P.A.

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