上次我問了如下問題：
愛人曾用工卡工作過一段時間。請問是否影響此次他的H4延期？多謝！
您給了我的答案是能夠再續H4，正如下麵的來自於您的博客。但是我校的服務中心卻不給續。理由正如下所示。請問您有沒有英文版的條文說明再續H4是合理的。我希望能夠說服他們給我續。萬分感謝。
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.
-----------------------------------------------------------------
對於 H-4 而言，如果使用了 EAD，其 H-4 就沒有了。在其 LD 的 H-1 身份保持的前提下，H-4 可以於 H-4 過期前在境內 extend 其 H-4 身份。
經常有人 argue 有沒有必要這麽做，因為在使用 EAD 的情況下，即使通過 H-4 extension 而 reinstate H-4 了，其 H-4 身份又迅速地被 EAD 的使用而變成了 AOS.
這是花錢不討好麽？老師不這麽認為。因為如果 H-4 一直在程序上保持了其身份，即使是使用了 EAD 而最後 I-485 被拒，也不一定需要立即離境。
相反，如果沒有延 H-4 而造成了非移民身份的明顯斷裂，在 I-485 被拒之後再去延 H-4，十有八九是會遭拒，還不如直接離境去簽證好。
