AC 21 Question... EAD And/OR H1b ?????

[MDLaborWatch]

I am planning to use AC 21 and I have applied for 3 year h1b extension and intend to invoke AC 21 using my h1b after it is approved so that new employer can file the transfer petition..
But the question is , my wife wants take up job after many years of waiting. since we have approved EAD at hand, is it possible for her to use the EAD while me working on H1b ???

It would be great if somebody could clarify whether that is feasible..


Thanks
MDLaborwatch.

 

[TheRealCanadian]

But the question is , my wife wants take up job after many years of waiting. since we have approved EAD at hand, is it possible for her to use the EAD while me working on H1b ???

Sure.

 

[MDLaborWatch]

Sure.

Thanks RealCanadian.

But if she starts working on EAD, would n't she lose her non immigrant status(she is on H4) ?? Currently she is having valid h4 extension for another 3 year based on my 3 yr h1b ext.

Pls clarify that if she starts using EAD, will she be able to get back to H4 visa in the worst case scenario???. Since I am on 3 yr h1b extension, I will be covered atleast for 3 years in the worst case. But I want to make sure tht I do not put her in risk , by letting her to work on EAD while I am maintaining my H1b.

Thanks for your inputs again.

 

[TheRealCanadian]

But if she starts working on EAD, would n't she lose her non immigrant status(she is on H4) ?? Currently she is having valid h4 extension for another 3 year based on my 3 yr h1b ext.

That's correct. She becomes an adjustee.

Since I am on 3 yr h1b extension, I will be covered atleast for 3 years in the worst case. But I want to make sure tht I do not put her in risk , by letting her to work on EAD while I am maintaining my H1b.

What are you afraid of?

You're in a situation where you need to balance risks vs. rewards, and determine how likely the risks are and their severity. The only problem would be if your I-485 is denied, which is unlikely. In such a situation, she leaves the US, returns to your home country, obtains a new H stamp and comes back in H-4.

If you seek to avoid all risk, you should never get out of bed in the morning. You need to determine how likely your I-485 is to be denied. If you are confident enough that you are willing to take the AC21 leap, I think your wife will be fine working on an EAD.

 

[MDLaborWatch]

That's correct. She becomes an adjustee.



What are you afraid of?

You're in a situation where you need to balance risks vs. rewards, and determine how likely the risks are and their severity. The only problem would be if your I-485 is denied, which is unlikely. In such a situation, she leaves the US, returns to your home country, obtains a new H stamp and comes back in H-4.

If you seek to avoid all risk, you should never get out of bed in the morning. You need to determine how likely your I-485 is to be denied. If you are confident enough that you are willing to take the AC21 leap, I think your wife will be fine working on an EAD.

Thanks RealCanadian. This helps.

 

[ethereal]

But if she starts working on EAD, would n't she lose her non immigrant status(she is on H4) ?? Currently she is having valid h4 extension for another 3 year based on my 3 yr h1b ext.

That's correct. She becomes an adjustee.

Does this mean that a spouse, who initially was on H-4, and now has used the EAD (derived out of the primary&self I-485) will _NOT_ be able to revert to the H4 status once the I-485 is denied ? Of course, the spouse would notify the employer and leave the job.

Clearly, the primary will revert to H1, yes ?
But the spouse will not revert to H4 ?
Even if both had valid 3-year (or 1-year) extensions ?

 

[TheRealCanadian]

Does this mean that a spouse, who initially was on H-4, and now has used the EAD (derived out of the primary&self I-485) will _NOT_ be able to revert to the H4 status once the I-485 is denied ?

Yes, because by working she has violated the terms of her H-4. It was authorized work because of the EAD, but still not compatible with her H-4.

Clearly, the primary will revert to H1, yes ?

Provided he didn't take a second job or do anything he couldn't have done with the H-1 alone, yes.

But the spouse will not revert to H4 ?

That's correct.

 

[2nd_try]

can I work on EAD for another employer?

I have an EAD card and my wife also works on her EAD card. These are valid till march '07.

I am hoping to change my job, have an offer already. Do I need to file any document for AC21 or something similar now or can I work directly pursuant to EAD, renew EAD when required in mar '07. I would like to start my new job ASAP.

Gurus please advise.

EB2 RIR
PD Dec 10,2000
I140 AD = 05/13/05
485 RD = 01/28/05.
ND = 02/01/05
2nd finger prints on 10/12/06
Status: Pending@CSC, FBI name check