My L1A expired 2022, Currently out of country . i140 approved last month and EAD with AP is valid, AOS is pending . Now i have H4 now based on my wife H1 approval

My ask is can i work if i travel to USA with H4 visa and start using my AOS EAD ? Then what will happened to my AOS application ? since i filled it when i was in L1 and now i am entering using H4 . Please shar your inputs.


You may enter on H4 status ( provided you have a valid H4 visa) and use your AOS EAD for employment but once you do that, you will go back to pending AOS status and lose the H4 status. Alternatively you can use your AP to enter back and continue on pending AOS status, so no need to H4 visa if not applied/stamped already.

Based on the information that your AOS is employment based when you were in L1 status, the job you perform in EAD should be inline with the occupation your LCA was filed so basically you shouldn’t work “any” job.

Hello Kaplesh, Thanks for your inputs. So what i understand is i can work for similar roles and job even with different employer than with whom i have filed AOS , is that correct understanding ? When i use my EAD /AP to enter USA and work you mean my H4 will be cancelled or i will no longer have H4 visa even after stamped? And at later point if AOS is denied for any reason do i need to leave country or i can continue my stay using my H4 visa ?

Yes as far as you crossed 180 days from when your AOS was filed.

Entering on AP wont invalidate your already approved H4 visa and will remain valid till its expiry in case you want to switch to H4 status, you simply use H4 visa at POE to enter the US.

If your AOS is denied for whatever reason you can cross the Mexico or Canada border and reenter using valid H4 visa and copy of the primary H1B valid I-797 to switch back to H4 status.

Hello Kalpesh, thanks for giving me better clarity for each points above. Also i want to add that my initial i140 was denied which was filed concurrently along with AOS that was the one tied to my AOS . But i got my EAD /AP before my i40 was denied . Then i refiled i140 then left country and the new one got approved last month. So my new i140 will be still attached to my pending AOS ? is there any catch here ?

You should have clarified this earlier in your initial post. It seems like your AOS/AP may not remain valid if your I-140 was denied. Your pending AOS may be denied based on the denied I-140.
Did you file the recent I-140 concurrent with a new I-485? Is the employer and job position for the new I-140 same as the old?