Q: Can valid H4 Visa be used for reentry after using I485 EAD for Job in US?

A: Hello,

1. If your wife travels outside the U.S., she can indeed use her H-4 visa for reentry, given that it is valid until 2026. The H-4 visa stamp in her passport allows her to travel and reenter the U.S. as long as the visa remains valid and her H-4 status is maintained, which is tied to your H-1B status.

Since she started working using the Employment Authorization Document (EAD) from the I-485 Adjustment of Status (AOS) application, it's important to note that using the EAD for employment does not automatically invalidate her H-4 status. However, it's crucial to maintain the underlying H-4 status, especially if she intends to use the H-4 visa for travel purposes.

2. Your H-1B status is not automatically lost if your wife travels outside the U.S. and reenters using her H-4 visa. Your H-1B status is independent of her use of the H-4 visa or EAD for reentry and employment, respectively.

You can maintain your H-1B status as long as you comply with the requirements of the H-1B program, including working for the H-1B sponsoring employer. If you travel outside the U.S., you should be able to reenter using your H-1B visa, assuming it is valid, without needing to use Advance Parole (AP).

The use of AP is typically necessary for those who have traveled without maintaining a valid nonimmigrant status or for those who do not have a valid nonimmigrant visa for reentry.

3. Since your H-1B status is not impacted by your wife's travel and use of her H-4 visa for reentry, you do not need to switch to using the EAD for employment purposes based solely on her actions.

You can continue to work for your H-1B sponsoring employer under your H-1B status. The decision to use the EAD for employment should be based on your specific circumstances, including any strategic considerations related to your long-term immigration plans, and in consultation with an immigration attorney.

Using the EAD linked to the I-485 application can offer flexibility in employment but also requires careful consideration of the impact on nonimmigrant status.

Hope this helps! I'm an immigration attorney based in Atlanta, so feel free to contact me if you have any other questions. Hope you have a nice rest of your week!

Best,

Brian C. Malone, Esq.

Malone Immigration Law, LLC

Office Phone: (404) 369-1189

Email: brian@maloneimmigration.com

A: In your situation, here are the answers to your questions:

1. Your wife can use her valid H4 visa stamp for re-entry into the US, even though she is currently working using her EAD (Employment Authorization Document) from the pending I-485 application. Using the EAD for employment does not invalidate her H4 status.

2. You have not lost your H1-B status, and you can continue to use your H1-B visa for re-entry into the US. Your wife's use of the EAD does not impact your H1-B status.

3. Since you have not lost your H1-B status, you do not need to use the EAD for employment purposes. You can continue working for your employer using your H1-B status.

It is important to note that if your wife chooses to use her Advance Parole (AP) document to re-enter the US, she will be considered paroled into the country. This means she will no longer be in H4 status but will be in a pending Adjustment of Status (AOS) category. However, she can continue working using her valid EAD.

In general, it is advisable to maintain H1-B and H4 status as a backup option, especially when facing retrogression in priority dates. By using the H1-B and H4 visas for re-entry, you both can maintain your respective statuses while still being able to work using the EAD.