If an H4 visa holder uses EAD while I-485 is pending, can apply again for H4 in case of I-485 final rejection?

Question

If an H4 visa holder uses EAD while I-485 is pending, can apply again for H4 in case of I-485 final rejection?

Anonymous Jul 15, 2015 11 views 3 answers

I have applied for NIW permanent residency. I am on H1b and my wife is on H4. As we have applyied concurrently, after we receive EAD , if I don't use it (as the main applicant and I stay on H1-B status), but my wife use it (she is on H4) and if our application gets rejected can she later apply for H4 with "adjustment of status" or she needs to leave the country and apply for a new visa?

Tripti Sharma · Answer 1 · 2026-06-15T15:25:19+00:00

Tripti Sharma

Tripti Sharma · Jun 15, 2026

She can apply for H-4 if you are maintaining H-1B status and have not exhausted all six years before the AOS was denied

0 upvotes

Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL · Answer 2 · 2026-06-15T15:25:19+00:00

Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL

Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL · Jun 15, 2026

H4 may use any immigration benefits as long as the Principal H1B maintains the status.

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Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Answer 3 · 2026-06-15T15:25:19+00:00

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Jun 15, 2026

The two benefits are not connected in any shape or form. You can have I485 denied and H4 still being valid.

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If an H4 visa holder uses EAD while I-485 is pending, can apply again for H4 in case of I-485 final rejection?

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