Question: My spouse has a pending adjustment of status (I-485) application and an H-4 visa stamp. She last entered on her H-4 visa rather than using her advance parole (AP) document. She has a valid employment authorization document (EAD) and a job offer in US now. Does the fact that she entered as an H-4 impact her ability to use the EAD? What about going forward – if she is working on the EAD, should she use the advance parole only?
Answer: Yes and Yes. This is a much debated question and there is no definitive answer from the immigration agency. So we are left to interpret regulations, field guidance (agency memos), liaison minutes, etc. Many immigration lawyers take the position that since H-4 is not a work authorized status, an H-4 nonimmigrant who enters with an H-4 visa, should not work. This means the conservative approach would be for your spouse to exit the US, then re-enter on the AP, and then start working pursuant to the EAD. Subsequently, your spouse should use AP to enter, as opposed to her H-4 visa stamp.
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