Ciba and Gurus - Question

H

helper007

Registered Users (C)
I have both EAD card approval (actual card) and H-1B, but am maintaining the H-1B status to work. If I get laid off, I understand that I lose H-1B status immediately, but then can I fill the I-9 form and start working for the new employer after the previous employer has fired me.

Thanks
 
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As long as your or you spouce (if any) has not used either the EAD or the AP then what u say is fine. You can switch to EAD if u get laid off. Remember your status does not matter when your 485 is pending. even if u work illegally, it the employer who will be in trouble for hiring you and this might not affect your 485 approval. But once one of you use the EAD or AP then both of u are no longer in the H1 status.
 
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I thought it did make the primary loose his H1b status. There was some argument a while ago on this topic. The scenario to keep in mind would be: wife on ead and husband on h1 b travel and come back together. Both husband and wife enter immigration together. when the officer checks the papers WHAT HAPPENS??
Correct me if i am wrong.
 
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I agree with you question HariA, I had similar doubts, but when I asked same question to Ron Gotvcher on his site, he answered otherwise ( check message board on www.imminfo.com, under EAd/AP section).

acc. to Ron spouse status does not matter to primary applicant\'s status.
 
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Agcal,
If Ron Gotcher is right, spouse status does not matter with primary applicant\'s status then

1. Husband going from H1 to EAD can not invalidate h4 of wife. She can go out and come back wihtout AP.

also

2. Wife obtaining EAD does not invalidate husband\'s h1. He can go out and come back without AP.

(Here it is assumed that 6 year limit is not over)

Gurus please correct me ( Sorry Ron Gother) if something is wrong here.
 
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H4 status is based on H1. If the H1 holder loses his/her H1 status, the spouse\'s H4 status is also lost. But it\'s not the case for the other way around. If the H4 holder loses H4 status, the primary H1 holder\'s status shouldn\'t be affected. So I think Ron\'s answer is right.
 
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Thanks junc and agcal.
These minor points help. Can wife go on H4 (when AP was filed but not obtained ) and come back on AP?
 
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Hello junc but the point is I am on H1 and going to USE EAD. My wife is already in India and she went without taking AP. I will get EAD and AP more or less at the same time (within a month) and I will use it as soon as I get it. So, can my wife come on H4 or I have to send her AP?

Sorry about the confusion. I should have cleared the situation before.
 
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I agree with junc\'s comment based on Ron gotcher. If you change over to EAD then your wife will loose her H4 status and needs AP. But there is no certain way for INS to find out if you are using EAD or not. The best bet is to wait till your wife comes back and then u can change to EAD. Generally AP involves a little bit more paperwork and scrutiny. I found this when i entered US from Mexico.

You have your choices here and now it is ur turn to make a decission and then face the consequences.
 
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