換律師吧。這麽常識性的東西都搞錯，你還敢雇用他/她？

來源: 移民局說得很清楚 於 2005-06-02 07:24:52 [] [舊帖] [給我悄悄話] 閱讀數 : (1997 bytes)

特別注意最後一段。前一段是講H1用EAD的後果，最後一段是講H4使用EAD的後果。再不信的話，就去你們local INS office排隊谘詢去。

What impact does the July 1,1999 interim rule have on EADs?

While this rule does not change the procedure for applying for EAD cards, it does add consequences for obtaining the cards and subsequently using them for employment outside of the scope of the previously authorized H/L employment. As an example, if the principal applicant received an EAD card and then works for a different employer (i.e. not the H/L sponsoring employer), he/she is no longer considered to be maintaining valid H or L status. He/She must then obtain an advance parole document before traveling abroad because of the failure to maintain H/L status; and if the application for adjustment of status is ultimately denied by the INS, he/she could not be reinstated to H/L nonimmigrant status and would be subject to removal proceedings. Please note that in cases where the individual is no longer maintaining H/L status, then all dependent family members must also apply for and be granted advance parole before departing the U.S.


What is the impact of this rule on dependent family members (i.e. those in H-4 dependent status)?

The rule has a similar impact on H-4 dependents. As an example, if a H-4 dependent spouse receives an EAD card and commences employment, he/she is no longer maintaining valid H-4 status and would need to obtain an advance parole authorization before traveling abroad. The same situation would apply to dependent children in either H-4 or L-2 status. Note however, that spouses who hold L-2 dependent status are now permitted to obtain employment authorization even before an application for adjustment of status is filed, and would therefore be able to depart and reenter by presenting valid L-2 visas and the fee receipt for the I-485 filing, assuming that the principal applicant continued to maintain valid L-1 status.

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