EAD for my Wife

M

mgoyal74

Registered Users (C)
Hi,

I am on H1 visa and in December I concurrently filed my I-140 and 485 under EB1. At the same time, I filed an I-485 for my wife as well. I have received the Receipt Notices for both our 485s.

My wife is currently on F-1, and we wish to apply for her EAD. My question is, would my H1 status be effected? Can I continue on H1 while my wife gets her EAD through her pending I-485?

Thanks!
 
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She is no longer in F-1 status. Filing I-485 invalidates the F-1.

Both of you can apply for and receive the EAD without affecting your H-1. Using it is what affects the H-1, not merely having it. However, I am not so sure about whether her using the EAD would affect your H-1. But you using it would definitely invalidate the H-1, assuming you are the primary applicant.
 
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