EAD, be it or not be it??

[GC-062004]

basically I hope to get any suggestions regarding whether or not my wife should use her EAD for the new job. Please see the detailed infor.

I140(me primary), RD 6/15/2004; ND 6/18/2004, no LUD update since then.
I485 (for me and my wife), RD 1/20/05; ND 1/25/05, LUD 3/11/05, two days after FPs were token.
EAD (for my wife), AD 3/15/05.

Inquiry initiated this month for I140 got a response like "pending review and system check". going to call FBI to find out name check/FP check(?) status.

My wife recently found a new position which does not sponsor H1B (her current visa status, me too). Both of us know the risk that is associated with using EAD, however, we do not want to lose this opportunity (my wife is working in East Coast whereas me and my son living at West Coast, where the new position is).

Here are two questions of ours:
1. when is the starting time point for EAD? the first day that she is working at the new position?
2. is there anyway can make us avoid/reduce the risk, assuming she will be using EAD?


Anyway, I wonder if any one can share your precious suggestions/experience with us. THX!!

GC-062005

 

[nandpc]

I think as long as you maintain your H1B status its fine for your wife to work on EAD. The worst case scenerio can be that if something goes wrong with the I485 she can get an H4 visa. For you it will not be safe to start using EAD cards at least till your I140 is approved. I'm doing the same thing. I'm the primary applicant and have H1B visa whereas my spouse is working on EAD.