A basic question about H1B and I485!

G

getit

Registered Users (C)
Both of my wife and I are using H1B other than EAD. Our I485 have been pending 9 months(my I140 was approved 7 month ago). My question is:
If my wife is laid off, her H1B will be terminated. Is she still legal to stay in US without EAD? Is it OK she will apply for EAD after laid off? Do we have to apply EAD now? any suggestions are appreciated!!!
 
getit

Once you filed I-485 before expiry of H1, you are legal, even without EAD. Being legal and being able to work are two different things. I-485 receipt shows that you are legal but in order to be able to work, you need to apply for EAD. So, even if H1 expires, your wife can still apply for EAD based on pending I-485 petition.
 
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