About spouse\'s status after filing I-485

A

ars99

Registered Users (C)
Hi, my friends:

I just filed I-485 for both my wife and myself. My wife is currently under F-1 status. I have heard that once she filed her I-585, she will lose her F-1 status and no longer eligible for applying for practical trainning. If so, should she need to apply for H-4 so that she can still keep sort of status?
Any input is greatly appreciated.
Thanks in advance!
ars99
 
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You (& your wife) are "in" status, once both of you apply for your adjustment of status (I-485). You don\'t need anthing else to maintain status. If your wife wants to work, she can apply for an EAD....
 
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Thanks, Govinda Vinod, I appreciate your input. I want my wife still keep her status valid in case something goes wrong with my I-485 process. Do you think she is still in her F-1 after filing her I-485 as my dependent? If she used her EAD, does it mean that I will lose my H-1B? I have applied for my EAD but it\'s unlikely I will use it since I just started my H-1B 7 months ago.
Thans in advance for more comments!
 
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Her status is "AOS" (Adjustment of Status) after submitting i485. It is perfectly legal to stay here with this status.
 
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By the way, don\'t worry about pratical training. She may apply an EAD with her i485 receipt at local INS. You lose nothing.
 
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I posted this following for your previous message about this same issue:
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Here is what I believe is true (Remember, I am not an immigration expert):
 Before your wife\'s F1 expires, if her I-485 application is accepted (along with yours) and you both get receipt notices, then you both have a "waiting for AOS" status (AOS = Adjustment Of Status). Then she is NOT out of status. It does not matter whether your wife has EAD or not. If she wants to work, then she must get an EAD (or H1) before she starts working. You can continue your H1 status. Your H1 will become invalid (even if it has a future expiry date) in two cases: 1) If you travel outside the country using AP. 2) If you use your EAD to get a second job. If your wife gets an H1 instead of an EAD, then she can continue using that H1 until she invalidates it by any of the above two methods. But having an EAD (instead of H1) gives more flexibility in looking for a job.

Good luck
 
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Thanks a lot, Kiran Hdge, and Yong Huang, your comments are very helptul. One more question. If I use my EAD for a parttime job in another company while working full time in my current place, will my H-1B be invalidated? Would you guys please clarify this?
 
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