I Changed My Status From L2 to H4 Do I Have to Apply for Ssn Again

Background

• The U.S. Congress allows merely a limited number of employment-based green cards to exist distributed per year and per country
• It is based on the country of nascency, but non the state of citizenship
• Hence, for more populous countries such as India and China, there isn't enough green card bachelor
• When the number of applicants exceeds the number of green carte availability, information technology gets "backlogged"
• Hence, in guild to decide who gets a green card at what fourth dimension, foreign nationals seeking employment-based dark-green cards are assigned priority dates
• The priority date is based on the date their employer start filed the PERM application or I-40 petition
• They tin can file for adjustment of status when the priority appointment is electric current
• Priority can be institute in Visa Bulletin, published monthly by the Department of Country

What Are the Additional Benefits of Filing I-485?

• When you file the I-485 application, the U.S. law grants yous lawful condition equally an aligning applicant
• However, merely applying for your green card does Not give y'all piece of work or travel authorizations
• In that location are ii ways that you tin can obtain these authorizations
• You tin can keep on extending your H1B or H4 status
• This procedure is unaffected by your green card application
• You tin too file for work authorization by filing Form I-765, often referred to every bit employment authority document or EAD, and travel potency or Form I-131 referred to as Advance Parole or AP
• These documents volition permit you to piece of work in and travel exterior of the U.Due south. while your I-485 is awaiting.

Each Approach has Pros and Cons, nosotros will likewise discuss a few Important distinctions between "Obtaining" and "Using" EAD and AP documents

A. Is there a Difference Betwixt Obtaining an EAD and Using it?

• Getting an EAD and using an EAD are ii slightly different things
• If y'all utilize your EAD, you have to sign an I-nine form and mark the employment eligibility equally EAD than H1-B or L1-B
• Yous can modify your status from your H1-B condition to EAD by contacting your Hour department

B. What is the Difference Between Obtaining an AP and Using an AP?

• Similarly, getting advance parole (AP) and using an AP are two entirely different things
• Using an AP means leaving the United States and then using your AP to enter the U.S. as a parolee instead of the visa to enter U.S.
• An advanced parolee cannot work in the USA without an EAD
• Hence AP is basically an additional document for you enter the USA

Will My Immigration Status Alter?

• Receiving an EAD/AP volition not change your nonimmigrant condition
• You lot should pay special attention to remain in status, and not accrue unlawful presence
• If you are in the U.S. without whatever status, you are considered to be here illegally, and U.Due south. Citizenship and Immigration Services (USCIS) may deny your dark-green carte du jour application for that reason alone
• As long every bit a person maintains an H1-B or L1 status (H/L status not expired, H1/L1 holders working only for their sponsoring employer(due south), and H4/L2 holders not working on EAD, he/she can travel outside the U.S. and come up dorsum without the need for AP
• Delight note H4-EAD is non comparable to this EAD in this context, it is tied to your H4 status and not directly related to I-485

Pros and Cons of Using your AP and EAD

Positive Side of AP and EAD

• There is no impairment in applying for an AP and EAD
• It allows the H4 spouse to work for any company
• The primary H1-B bidder can accept upward another function-time job or side business organization without the demand to file for a concurrent H1-B
• Some H-1B professionals use an EAD (and end H-1B) on purpose to salvage H-1B time, then if something happens with the electric current employer they are able to pick upward the remaining period of the vi-year H-1B limit through another H-1B approval with the new employer
• Fifty-fifty if the I-485 applicant is non planning to change employment equally per the Air conditioning-21 dominion, take another part-fourth dimension employment, or have a spouse on H4 that would like to work, information technology is advisable to apply for an EAD and AP for contingency situations

The Downside of Using your EAD and AP

• If you lot opt for EAD/AP condition, a spouse (and children, if whatever) acquired after using your AP may not bring together on H4, and cannot resume H4 condition if your I-485 is denied
• Applicants maintaining H1-B status can travel immediately after filing the I-485, provided they have a valid H/L visa in their passport, or they can obtain a new one
• Accelerate parole applications have at least iii months, during which y'all tin can't travel if you lot are non in current H1-B, L1, or H4 status
• H-1B/L1 workers who file a timely awarding for an extension of stay may go along employment for 240 days while the U.S. Citizenship and Clearing Services (USCIS) adjudicates the petition
• However, you are not allowed to work on an expired EAD while your renewal EAD application is awaiting, it is 180 days according to the new dominion
• You have to apply for EAD every year

Oftentimes Asked Questions Nearly "Using" EAD

1. If I use for a Social Security number (SSN), is that considered using an EAD?

No.

2. If I open a banking company account using my SSN, is that considered using an EAD?

No.

iii. What exactly is considered using an EAD?

When you are employed and take submitted a copy of your EAD for filing I-9 as a part of the requirements.

4. If the primary bidder starts working using an EAD, can the dependent spouse still maintain H4 status?

No. Because the H4 status is dependent upon the principal applicant maintaining H4 status, the dependent spouse would no longer have an H4 status if the main bidder does not have H1-B status.

5. What if the spouse who used the EAD does not want to work anymore, only want to regain H4 status?

• The dependent does not automatically regain h4 condition.
• Equally long as the primary applicant is nonetheless maintaining valid H1 visa status, the spouse/dependent could go out of the U.S. and enter once again on a valid H4 visa to regain H4 status.

It is great to have both H1-B, L1, or H4, and I-485 if possible. It is a bang-up contingency, if there is a sudden job loss or the possibility of beingness out of status, immediate availability of an EAD and AP would definitely help you avoid any violations.

If you have questions nigh the adjustment of status  or take questions most the Light-green Carte du jour process in general, you can schedule a consultation with u.s.:

Schedule a call at 469-994-9407   or contact united states using the form .

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Source: https://ustunlawgroup.com/pros-and-cons-of-maintaining-a-h1-b-while-you-have-filed-for-an-adjustment-of-status/

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