Applied for 485 thru employer, wife in NZ on H4

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utopia76

Registered Users (C)
Hi All,
I have a peculiar situation. I have an approved I-140, and filed for I-485 in July 2007 and the RD on that was Oct 2007. At that time my status was single.
I got married in Dec and have since filed for the Status Amendment.

My wife is an Indian national and also a PR of NZ...working in NZ and awaiting her citizenship there. She already got her H4.

Now I intend to add her name to my 485 application when ever the PD becomes current. Until then, I intend to have her in the US for 3-4 months of the year, as that is all she is allowed in a year to be away from NZ, while her Citizenship application is pending in NZ.

Now, my queries are:
1.) Is there likely to be any issue for her GC, if she is only spending approx 4 months of the year in the US? Is that sufficient proof of ones' intentions to be a permanent resident in the US...if she is filing for one as my dependant? Or can I just say that since the 485/GC could theoretically still be declined, it only makes sense for her to maintain her PR (and her citizenship application) in NZ until we have the approval?

2.) While I know that she cannot do any "paid" work in the US on her H4, can I apply for her EAD and can she then do "paid" work on that basis? Does that work have to be related to her field of study/work?

3.) Would travelling in-and-out of the US be an issue, if she gets an EAD and starts using it?

Any help would be greatly appreciated.

(I am a pretty recent entrant into this forum, so I apologize in advance if I have been redundant (or less-than-sensible!) in my posting.)

Thanks a lot in anticipation.
 
1. Her intentions to remain in US are only required to be finalized when she gets her GC, not before. What she does need to do is to be in US at the moment her I-485 is petitionned for, and then maintain her H4 or AP until such time as AOS is approved.

2. She can work anywhere once she gets EAD, which can only come after filing I-485 (and I-765)

3. No, as long as she has an AP, which, once again come with filing I-485 (and I-131).
 
Great! That sure helps a lot and gives me a better understanding of the process(es); especially as my attorney has been pretty adamant and insistent that she needs to plan to be in the US on long term...ASAP.
 
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