Can spouse get back to H-4 status?

M

madgu-gc2005

Registered Users (C)
Hi,

My spouse is now on H-1B and planning to join in a company with EAD (our I-485 is pending with NSC under EB-2 NIW). If something happens with my I-485 can I file H-4 (dependent) for my spouse since i will be maintaining my H-1B till i hear something from USCIS about my I-485. See below my signature. Guys! Give me your feed back.
 
madgu-gc2005 said:
Hi,

My spouse is now on H-1B and planning to join in a company with EAD (our I-485 is pending with NSC under EB-2 NIW). If something happens with my I-485 can I file H-4 (dependent) for my spouse since i will be maintaining my H-1B till i hear something from USCIS about my I-485. See below my signature. Guys! Give me your feed back.
Click to expand...
Yes you can file for your wife's H-4 as long as you maintain your H-1.
Not sure if this is possible after 6 years on H-1, with H-1 extension...
 
compass said:
Yes you can file for your wife's H-4 as long as you maintain your H-1.
Not sure if this is possible after 6 years on H-1, with H-1 extension...
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Compass! You have given me some ray of light. Is there any concrete memo from INS explaining this kind of situation? If you know please PM me or you post your response. My attorney says the following

"Once my spouse uses the EAD, she is no longer eligible to maintain H-4
status. The problem with applying for H-4 and using EAD runs into a
conflict"
 
madgu-gc2005 said:
My attorney says the following:
"Once my spouse uses the EAD, she is no longer eligible to maintain H-4
status. The problem with applying for H-4 and using EAD runs into a
conflict"
Click to expand...

And he's right. If your spouse uses an EAD, the only way to restore H-4 status is to leave the US, get a new H4 stamp and re-enter.
 
TheRealCanadian said:
And he's right. If your spouse uses an EAD, the only way to restore H-4 status is to leave the US, get a new H4 stamp and re-enter.
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Hi REal canadian,

Right now my spouse and I are on H-1B status (not that my spouse is on H-4 status). Our I-485 is pending. Under this circumstances if she uses her EAD to work in a company she will loose her H-1B (I know that). If something happens with our pending I-485 then can I file H-4 petition for my spouse? How much time I will be given to file H-4 petition since I will be maintaining my H-1B? Please shed some light.
 
madgu-gc2005 said:
Hi REal canadian,

Right now my spouse and I are on H-1B status (not that my spouse is on H-4 status). Our I-485 is pending. Under this circumstances if she uses her EAD to work in a company she will loose her H-1B (I know that). If something happens with our pending I-485 then can I file H-4 petition for my spouse? How much time I will be given to file H-4 petition since I will be maintaining my H-1B? Please shed some light.
Click to expand...
A is working on H1 B spouse of A is also working on H1B status
I-485 for both of them is filed, poster did not gave info if I-485 is pending on I-140 of A or spouse. If the for I-485 the primary applicant is A and spouse uses the EAD then spouse will not be on H1 status.
If primary A maintaining H1 status and something bad happens to I-485 then A can continue working on H1 status but spouse need to depart US and can enter on H4 status by getting H4 visa stamp based on A H1 status and can get H4 visa stamp till the validity of H1 approval of spouse.
A or spouse cannot file H4 petition for spouse in US as spouse is not on H4 status.
 
ginnu said:
A is working on H1 B spouse of A is also working on H1B status
I-485 for both of them is filed, poster did not gave info if I-485 is pending on I-140 of A or spouse. If the for I-485 the primary applicant is A and spouse uses the EAD then spouse will not be on H1 status.
If primary A maintaining H1 status and something bad happens to I-485 then A can continue working on H1 status but spouse need to depart US and can enter on H4 status by getting H4 visa stamp based on A H1 status and can get H4 visa stamp till the validity of H1 approval of spouse.
A or spouse cannot file H4 petition for spouse in US as spouse is not on H4 status.
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Thank you very much ginnu. Do you know of any INS memo saying this? If so please post that link or PM me. That would be great help. I am sorry in my signature not to mention that I am the primary applicant of I-485. Your explanantion seems to be very convincing to me. Within how much time my spouse should leave US once I-485 is denied (worst scenariao i am imagining).
 
madgu-gc2005 said:
Thank you very much ginnu. Do you know of any INS memo saying this? If so please post that link or PM me. That would be great help. I am sorry in my signature not to mention that I am the primary applicant of I-485. Your explanantion seems to be very convincing to me. Within how much time my spouse should leave US once I-485 is denied
---------------all depends on reason of I-485 denial. if I-140 is denied then the base for I-485 goes and person need to depar US ASAP. I dont see reason for your worry your I-140 is approved


(worst scenariao i am imagining)
---------- Why imaging the worst? Find difficulty imagining the good? Generalized Anxiety Disorder?
.
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EB-2-NIW At VSC ( what do you mean by that? NIW based I-140? and that got approved)
EB-1A At NSC ( does it mean you also filed I-140 under EB1A and pending?)
 
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ginnu said:
EB-2-NIW At VSC ( what do you mean by that? NIW based I-140? and that got approved)
EB-1A At NSC ( does it mean you also filed I-140 under EB1A and pending?)
Click to expand...

Hi ginnu

I thought I made it clear. My I-140 under EB-2 NIW has been approved and I filed I-140 under EB-1A at NSC in June 2006.

Here in US applying for research grant is like rolling dice. Even i fyou do good job in writing clear proposal sometimes your proposal might be turned down. I do not have any anxiety disorder by the way :)
 
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