EAD renewl issue

[firehawk]

hi Guys,

I have question regarding dependent's EAD renewl. She entered US as H4 in 2006. I filed her H1 through a consultant in Apr 2007 and got it. We both got EADs during Aug 2007 filings based on my labour cert.I am still using my H1B for my job. But ,her payroll is not running.She initially searched for 3 months for a project , but could not get one. Also we are going to have a child soon. No payrolls till now for her.

My question is related to EAD renewl. I applied for my renewl online as I am primary. But for her, in the form, there are 2 blanks, one is "her status when she enter US" and other is "current Status".

For her "current status" , she is on H1 as her H4 visa will get terminated once H1 approved with I-94 attached to it.

Do USCIS ask for her paystubs (H1B) for her EAD renewal even though she is secondary on the I-485 applicaiton? If so how can we defend incase of a RFW. What are the suggestions ?

Her Employer and my employer are different.

Shall we run 2 paystubs and move her to H4 , because she does not want to work for next 1 year atleast to look after child.

Her EAD expires on Oct 2nd week.

Thanks in advance.

[jk0274]

1. She is very probably out of H-1 status, since she hasn't worked for a while. In order to remain on H status, one needs to be an employee working for the H-1 sponsor. If she is not a regular employee and not on payroll, she has dropped out of status.

2. She is still legally in the US of course, because she has a pending I-485 if I understand your post correctly.

3. For an EAD application, you don't have to worry about those questions. The EAD application is by virtue of being an AOS applicant, not of H visa status. Therefore, they don't care if her H status is active or not, all they care is that she has a properly filed I-485 that is pending. Therefore, you don't need to concern yourself with paystubs or H status or whatever. For "status when entered the US" she can write H-4 and for "current status" she can write "AOS applicant". That's all that matters. Include a copy of her I-485 receipt, and that's all. No need for I-94, H documents, or anything like that with an EAD application at all.

[firehawk]

thanks for reply.

If I say her status is AOS, means, she is currently on EAD ? Correct me , if I am wrong.
So, If she (as dependent) then I will have to be on EAD too. My EAD expires on oct 2nd and her EAD expires on Oct 2nd week.

Is there any thing called maternity leave for 1 year ? can we claim that way?

-Thanks,

[voldemarv]

Originally Posted by firehawk

If I say her status is AOS, means, she is currently on EAD ? Correct me , if I am wrong.

You are wrong. EAD is not status it's permission to work. If your wife is not going to work she doesn't need EAD.

Originally Posted by firehawk

So, If she (as dependent) then I will have to be on EAD too.

You are wrong again. Even if your wife works on EAD it doesn't hurt your H1 status. You can continue work on H1 or switch to EAD.

[mmed]

Originally Posted by firehawk

thanks for reply.

If I say her status is AOS, means, she is currently on EAD ? Correct me , if I am wrong.
So, If she (as dependent) then I will have to be on EAD too. My EAD expires on oct 2nd and her EAD expires on Oct 2nd week.

Is there any thing called maternity leave for 1 year ? can we claim that way?

-Thanks,

EAD is not status, it is a work permit for any applicant or dependant with pending I-485. EAD is an optional and not a must, if she want to work let her to apply, if not do not apply. Her EAD will not affect you at all by any mean. If you are H, that is fine do not renew your EAD if you want.

[firehawk]

hi ,

I am trying to e-file her I-765 , but I did not see any drop -down options for " Current immigration Status" as AOS or EAD or any thing. Some thing called "PAR:Payrole" is there but I do not know if that is correct .

Can you please tell me what should I specify for her current status , If I have to file her as on AOS ?

-Thanks,