再次急问PJIANG老师，H1延期，急问H4能否再续？

来源: coumberland 于 2011-03-21 13:43:45 [档案] [旧帖] [给我悄悄话] 本文已被阅读：次 (4387 bytes)

上次我问了如下问题：

爱人曾用工卡工作过一段时间。请问是否影响此次他的H4延期？多谢！

您给了我的答案是能够再续H4，正如下面的来自于您的博客。但是我校的服务中心却不给续。理由正如下所示。请问您有没有英文版的条文说明再续H4是合理的。我希望能够说服他们给我续。万分感谢。

Unfortunately, your wife is not eligible for an H-4 extension, because she has been working.    But don't panic!   This is not an enormous problem.
She can stay in the U.S. based on her application for adjustment of status to permanent residence.    Having an EAD (Work authorization) does not automatically change her H-4 immigration status.   But when she actually took a job, she lost her H-4 status because people in H-4 status are not allowed to work.    It is a considered a "violation of H-4 status" but the word "violation" is confusing because she did not do anything illegal.     She just did something that H-4 people are not allowed to do so she is no longer in H-4 status.   Since she has a pending I-485, she is legally allowed to stay in the US until it is approved.     She should be able to have a Driver License based on the pending I-485, but we advise her to keep a valid EAD to make the Driver License application easier.   Also, with a valid EAD, she can continue working.

The worst case scenario is if your/her permanent resident applications are denied.    Since you have an approved I-140, I truly do not expect the I-485's to be denied.    But if it is for some crazy reason (sometimes there are just paperwork problems that end up in a temporary denial), then she can leave the US, apply for a new H-4 visa, based on your H-1B approval, and come back in.    Inconvenient and expensive , but possible...and very probably not necessary.   If your daughter keeps her H-4 status, then she would not have to travel with her.   ( I assume your daughter does not want to work yet! )

Many people are in your situation, and many people drop the H-4 status of the spouse because the spouse wants to work. It's common and it has not been a big problem for other people.

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再谈 AP 和 EAD 对 F/H 身份之影响

对于 H-4 而言，如果使用了 EAD，其 H-4 就没有了。在其 LD 的 H-1 身份保持的前提下，H-4 可以于 H-4 过期前在境内 extend 其 H-4 身份。
经常有人 argue 有没有必要这么做，因为在使用 EAD 的情况下，即使通过 H-4 extension 而 reinstate H-4 了，其 H-4 身份又迅速地被 EAD 的使用而变成了 AOS.
这是花钱不讨好么？老师不这么认为。因为如果 H-4 一直在程序上保持了其身份，即使是使用了 EAD 而最后 I-485 被拒，也不一定需要立即离境。
相反，如果没有延 H-4 而造成了非移民身份的明显断裂，在 I-485 被拒之后再去延 H-4，十有八九是会遭拒，还不如直接离境去签证好。