Can dependent apply for EAD/AOS when PD is not current?

armie

Registered Users (C)
If the primary who has already applied for 485, gets married while PD is not current, can the spouse apply for EAD and 485 immediately or has to wait till primary's PD becomes current?
 
armie said:
If the primary who has already applied for 485, gets married while PD is not current, can the spouse apply for EAD and 485 immediately or has to wait till primary's PD becomes current?

He/she has to wait till primary's PD becomes current.
 
tammy2 said:
He/she has to wait till primary's PD becomes current.
Does this mean the primary can never go out of H1 status till PD is current even if he has EAD?
 
armie said:
Does this mean the primary can never go out of H1 status till PD is current even if he has EAD?

Logically that becomes true. You have to maintain your H1 status so that your spouse could remain on H4.
But why dont you talk to an attorney. May be there are some loopholes.
 
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