EAD/AP question - Urgent

GC-Ind

Registered Users (C)
Guys,

I am an Indian citizen and my wife is an European citizen.

She filed her I-140 two weeks ago. Her and I are together filing for I-485/EAD/AP in a week or so.

After this I will be on I-485 pending status and hence can stay in the US (I am currently on H-1 but plan to quit in a few weeks...going to school).

I need to travel internationally in December for internship and hence would need EAD and AP for that. Also I might have to work on an internship inside US in december.

Do you guys think that I would get EAD and AP by December. We are located in Northern Virginia area so I believe that we will file to Vermont center.

Also, do you guys think that it is a good idea for me to get an H4 (just in case the I-485 gets rejected). Also, maybe I can use H4 to go in and out of country and use EAD to work inside US for internships.

Thanks
 
GC-Ind said:
Guys,

I am an Indian citizen and my wife is an European citizen.

She filed her I-140 two weeks ago. Her and I are together filing for I-485/EAD/AP in a week or so.

After this I will be on I-485 pending status and hence can stay in the US (I am currently on H-1 but plan to quit in a few weeks...going to school).
------- her I-140 is filed and not approved if I-140 gets denied then I-485 for both of you will be denied and EAD AP will be invalid. if possible wait for her I-140 approval
I need to travel internationally in December for internship and hence would need EAD and AP for that. Also I might have to work on an internship inside US in december.

Do you guys think that I would get EAD and AP by December.
----------- I think you will get EAD AP before December
We are located in Northern Virginia area so I believe that we will file to Vermont center.
---------correct
Also, do you guys think that it is a good idea for me to get an H4 (just in case the I-485 gets rejected).
----------- if your wife maintains H1 status you can get H4 visa stamp or can file H1 to H4 change of status in US
Also, may be I can use H4 to go in and out of country and use EAD to work inside US for internships.
---------------- if you file H1 to H4 COS in US you can be on H4 status once H4 gets approved. or can go out of US and get H4 visa stamp based on your spouse H1 and can enter on H4. IF you use EAD you will NOT be on H4 status you will be AOS pending( if no problems with her I-140 )
** for your wife only I-140 is filed and it is not approved, you both can file I-485, EAD AP and may get approved. till her I-140 is not approved better she should remain on H1 status and should not use EAD
Thanks
 
Are there a lot of cases when I-140 gets rejected?

What are the common reasons that would cause I-140 rejection.

Thanks
 
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