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Immigration Issues/H4 for working spouse

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Question
Dear Mr.Ajay
My wife currently works on EAD (based on pending 485).I
recently changed from status from L1 TO H1B.We are planning
to goto India and have our visas stamped.

1.Will she be eligible for H4?
2.In DS160,there is a question on eher employment details if
I select her current profession.Woulnt it affect the
approval of H4?  

Answer
Hi,

Yes, your wife will be eligible for H4 visa stamp at a U.S. Consulate in India based on the fact that you are maintaining your H1B status.

Your wife was legally able to be employed through EAD while her I-485 was pending; she should fully disclose her employment details on the DS160. Once she enters in H4 status, she can continue to work with unexpired EAD, but it will not be possible to extend her H4 status within the U.S. in the future if she works. However, she can remain legally in the U.S. based on pending I-485, and work using EAD.  

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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