Bothell, WA asked in Immigration Law for Washington

Q: I have H4 EAD valid till nov-25 i797A for h4 Got selected in H1B and got i797a approval,want to continue in H4 EAD help

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: If you currently hold an H-4 EAD and have also received an I-797A approval for H-1B, you have the option to choose which status you wish to maintain. Your H-4 EAD remains valid until its expiration in November 2025, as long as your spouse maintains their H-1B status and you don't violate the terms of the H-4 visa.

To continue working on the H-4 EAD, you should avoid activating your H-1B status. Activation usually occurs when you start working for the H-1B sponsor or if you travel outside the United States and re-enter on an H-1B visa. If you wish to keep your H-4 status and EAD, it's important to not take actions that would change your status to H-1B.

In such situations, it's often advisable to consult with an immigration attorney who can provide guidance specific to your circumstances. They can assist in navigating the complexities of immigration status and ensure that you maintain legal status in accordance with your preferences and needs.

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