Child status after EAD

jam007

Registered Users (C)
Hi,

I filed I-140/485 concurrently on Aug 2004 and got I-140 approved a week ago. My PD is Aug 2002 and I-485 is pending. Now I am working with 7th year H-1, which along with H-4 of my son will expire in Jan 2007. I am going to apply for EAD. As my son is 14 years old and I can't apply for EAD for him.

My question is: if my EAD gets approved, what is status for my son? As my understanding, if I work with EAD, H-1 would be invalid. But H-4 of my son depends on my H-1. He should loss H-4 status. How to keep his legel status?

I appreciate your help.
 
He is in legal status if you have filed I-485

Jam007,

Please be informed your son is in legal status if his I-485 is filed. I suppose you have already filed along with your's.

Hope this helps!
Note: This is not a legal advice and I'm not an attorney.
 
CaliGC ,

Thank you for response. I did file I-485 for my son together with mine. Do I need any paperwork for my son when I apply for EAD? What proof I can show for his legal status if requested for something?

Thanks
 
If his previous visa has expired (H4, TD, L2, etc) then if the I-485 is pending then he is in "AOS Pending" status. The EAD does not give him any status, it only allows him to work. So if you need to show proof of his "AOS Pending" status, you would show his I-485 receipt notice.
 
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