Milpitas, CA asked in Immigration Law for California

Q: H4 vs GC EAD

I currently work using my H4 EAD. If I switch to my GC EAD can I keep my H4 visa as well? Can I re-enter US using my valid H4 visa?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: While you can maintain both your H4 visa status and GC EAD (Employment Authorization Document), once you start using your GC EAD for employment, you effectively abandon your H4 status. This means you cannot switch back to H4 EAD for work authorization.

Regarding re-entry to the US, even if your H4 visa stamp in your passport is still valid, you should not use it to enter the US after beginning to use your GC EAD. The proper procedure is to use your advance parole document or combo card (if you have one) for travel while your green card application is pending.

If you've already started using your GC EAD, you've shown "immigrant intent" and demonstrated that you're pursuing permanent residency rather than maintaining temporary non-immigrant status. Using your H4 visa for re-entry could create complications with immigration officials, as it may be seen as misrepresenting your true immigration intent. For international travel, make sure you have the appropriate documents related to your pending green card application.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.