EAD/AP for H1 spouse

jumbo7

Registered Users (C)
Hello,
My spouse is on H1B and got EAD & AP through my GC processing. Now, if spouse stops working(for non-medical reasons), will spouse continue to be legal without changing to H4 status. I am still on H1(not using EAD or AP)
Thanks for your help
 
jumbo7 said:
Hello,
My spouse is on H1B and got EAD & AP through my GC processing. Now, if spouse stops working(for non-medical reasons), will spouse continue to be legal without changing to H4 status. I am still on H1(not using EAD or AP)
Thanks for your help
Your spouse's status in the US will be just fine with or without work -- since 485 is still pending.

He/She may NOT be in valid in H1 status if they stop working .... they can use their EAD resume working (whenever that happens) -or- get a new H1 (major pain)
So make sure he/she travels only on AP as the H1 is no longer valid (even though the visa stamp is still valid).
 
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