Can wife work on EAD if I-140 is pending

[Unluckiest]

Hi,
I filed my I-140 in Jan'04 and I-485 in Dec'04.I hope to receive the EAD's by Mar'05 for me and my wife.Both I-140 and I-485 are pending.
Can my wife work on that EAD even though I-140 is not approved as yet.
Thanx
(Un)Luckiest

 

[rb180]

your wife can work after getting EAD even if I-140 is pending.

I am not lawyer for advice seek advice of your best friend, lawyer in immigration.


Thanks,
rb180

 

[raj_I140]

If your I-140 gets denied than in that case what would be your wife's status.

 

[MD_Rockville]

Yes she can..if 140 is denied ( assuming she is on H4 ) ..you need to apply for new H4.. ( if you are on H1 )

 

[raj_I140]

Apply for new H4 means you need to go back to your country immediately (or you can wait for sometime) and get the new H4 stamp.