Cary, NC asked in Immigration Law for North Carolina

Q: H4 using I485 EAD and travel with H4 visa

My wife is using I-485 EAD for her job, and she has approved AP, and also has approved H4 petition until March,2026 (though visa on passport has expired).Can she choose to come back on H4 visa from India (after stamping) instead of AP, and then again start working using I485 EAD? Will this anyway adversely impact her I485 petition due to switch between AOS to H4 and back to AOS? Thanks

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James L. Arrasmith
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Answered

A: Yes, your wife can choose to come back on an H4 visa from India after stamping, even if she has an approved AP and is using her I-485 EAD for work.

Once she re-enters the U.S. on an H4 visa, she can continue working using her I-485 EAD. This action won't adversely impact her I-485 petition.

Switching between H4 status and Adjustment of Status (AOS) via the I-485 EAD is generally permissible and won't negatively affect her pending I-485 application. However, it’s always good to be cautious and make sure all her documents are in order to avoid any complications during her travel and re-entry.

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