EAD expired,H1 revoked,140 approved..

[garvin]

Myself and my husband both have filled 485 (more than one year before , GC Application is through my husband ) and my husband is still on H1B and want to continue H1B. I-140 is approved..

EAD and AP for both of us have been expired in September 2008.We are now applying for the renewal.I got laid off day before yesterday and so my H1B is revoked.
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My questions are:

1.) As we both(Me and husband) have filled 485 , do I still need H1B or H4(Dependent on my husband) status now. Is it because we are not having valid EAD/AP or it is needed in any case.

2.) BTW we are filling renewal application for EAD and AP today and it is expected to come from 6 weeks to 3 months. If I don't work meanwhile can I just wait for EAD to come. What are the consequences?

3.) If we file H4 for me now (for me to be in legal status till EAD comes) will it cause any issues with our Green Card processing or my Green Card specifically?

4.) While filling the EAD renewal form I-765 , I have to fill in the column ' current immigration status' . But I can not fill H1B in there , can I ?(As my H1 is revoked already) . What can I fill in there (adjustment of status or something?)? Or do I have to wait till I have my H1/H4 reciept and then fill that column?

Any other suggestons/same kind of situations?

Thanks a lot for your help.

 

[TheRealCanadian]

As we both(Me and husband) have filled 485 , do I still need H1B or H4(Dependent on my husband) status now. Is it because we are not having valid EAD/AP or it is needed in any case.

Your pending I-485 keeps you in valid status. You'll need AP to re-enter the US if you leave, and an EAD to work.

BTW we are filling renewal application for EAD and AP today and it is expected to come from 6 weeks to 3 months. If I don't work meanwhile can I just wait for EAD to come. What are the consequences?

No consequences.

If we file H4 for me now (for me to be in legal status till EAD comes) will it cause any issues with our Green Card processing or my Green Card specifically?

Filing for the H-4 is not needed to keep you in legal status, and would be a waste of the $300 or so filing fee.

While filling the EAD renewal form I-765 , I have to fill in the column ' current immigration status' . But I can not fill H1B in there , can I ?(As my H1 is revoked already) . What can I fill in there (adjustment of status or something?)? Or do I have to wait till I have my H1/H4 reciept and then fill that column?

Just enter AOS or Adjustee.

 

[garvin]

Thanks a lot ! This forum is great !---That is certainly very relaxing to us as we were very confused and were about to file my H1/H4 .


In Case if I file H4 for getting benefit of parallel status and return to US after getting my H4 stamped, will it affect my GC or EAD.

 

[garvin]

I went online to fill EAD renewal form and there is no status like "AOS" or Adjustee in the drop down of "Current Immigration Status".

There is "PAR" Parolee status but our AP/Travel document has expired.

Please suggest what exact status can be filled?

 

[Jackolantern]

Use the paper form and write AOS.