what if I use H1 B and spouse uses EAD

[bombay247]

Hello Friends:

I am currently on H1 B Visa. My employer applied for me and my spouse's 485 and we both got our AP and EAD. My spouse also has H1B.

Can my spouse move to EAD and I still be on my H1 B? What complications can arise? is this possible?

If my spouse uses EAD, would my spouse have to use AP only? can my spouse use H1 Visa to leave and enter US?

Thanks!

[mmed]

Originally Posted by bombay247

Hello Friends:

I am currently on H1 B Visa. My employer applied for me and my spouse's 485 and we both got our AP and EAD. My spouse also has H1B.

Can my spouse move to EAD and I still be on my H1 B? What complications can arise? is this possible?

If my spouse uses EAD, would my spouse have to use AP only? can my spouse use H1 Visa to leave and enter US?

Thanks!

If your wife use EAD, stay H4, change to other category, become out of status, no complications on your H1 because of that. And it is the purpose of the EAD issuance for any one to use it in any type of work. The EAD is an optional for a principal or derivative with pending I-485 to work with it.
If any H visa holder use EAD, he/she can use AP or valid H stamp to return back to US ofater overseas travel.

[farelzan]

I have a similar question.

We applied for green card (employment based through my husband's employer) in mid November '08. I am currently on a J-1 visa, I already got the 2-year rule waived. We also received our AP and EAD.

My question is, at the end of my J-1 period, should I change my visa status to H-4? If yes, can I work using my EAD card? Or, is the EAD and AP enough to remain legal in U.S. till we receive our green cards?


I am new to this forum but I hope someone can help me with these questions.

Thanks in advance.

[mmed]

Originally Posted by farelzan

I have a similar question.

We applied for green card (employment based through my husband's employer) in mid November '08. I am currently on a J-1 visa, I already got the 2-year rule waived. We also received our AP and EAD.

My question is, at the end of my J-1 period, should I change my visa status to H-4? If yes, can I work using my EAD card? Or, is the EAD and AP enough to remain legal in U.S. till we receive our green cards?


I am new to this forum but I hope someone can help me with these questions.

Thanks in advance.

What keep you in legal stay after your J1 expires is your pending I485, not the EAD, not the AP. If you want to work with EAD, go ahead and work, if you want to travel and come back, use the AP. If you want to change to H4; this has no meaning because H4 is not working visa and if you work with the EAD, you will void the H4 in the same day you use the EAD.