EAD and H4 / EAD and H1

[wudan]

My wife is currently on H4. She has EAD now.
If she uses the EAD to get a job and gets laid off, would she still be in status?
EAD is just an authorization to work - it doesn\'t have an affect on your visa - is my understanding correct?

How does this apply to H1s? I have an EAD too. (I am currently on H1). As long as I don\'t change my work permit from H1 to EAD, I am fine - right?
However, if I change to EAD, the company withdraws the H1 and hence if I lose the job on EAD - I will be out of status.
Is this correct?

 

[henrysh]

Wudan, listen, you have no knowledge on EAD/H status, but I can help you.

1. Dual-Status:
After you filed I-485 you are in "dual-status", which means dual-intent (immigration and non-immigration) is allowed by law.
The dual-status for you is 1. H1 and 2. AOS (Adjustment of Status);
The dual-status for your wife is 1. H4 and 2. AOS.

2. You (Wudan you) use EAD, you lose the non-immigrant status (H1), BUT YOU ARE NOT OUT OF STATUS SINCE YOU STILL HAVE AOS.

3. YOU WON\'T LOST YOUR NON-IMMIGRANT STATUS IF YOU DON\'T USE YOUR EAD.

4. You use EAD to work, your wife will lose her H4 too, since H4 is the dependant of H1. SHE IS NOT OUT OF STATUS SINCE SHE STILL HAS AOS.

5. Your wife uses EAD, she will lose her H4, but your H1 status is untouched.

 

[csc485]

No you both will be in status

As per my understanding you if you or your spouse uses EAD and loses job, you can go to other employer. You are not out of status until a decision is made in your AOS application. Even if both of your H1/H4 visa expires you can stay here legally until the decision is made on your AOS application. Hope this helps. But, do not take this as a legal advice. I am not a lawyer