EAD for spouse

S

sinjeti

Registered Users (C)
Hi,
I am on an H1 visa. I have applied for I485 for myself and my wife who was on F1.

We both have EADs.

What restrictions does my wife have on using EAD?. She has a Maters in Electrical Engg. Can she take up a job unrelated to her field of study while she is searching for a job in her field ?

I would appreciate your view on this.

Thanks

Sri
 
Your wife's 485 is derivative of your 485, she has no restrictions on the type of job she takes. She can work for any kind of job.
 
Thanks Guju. ! . That really helps.

I have another question. Since my wife has applied for 485 I understand that she is no longer on F1 status , and is considered as an adjustee.

1. Does she still have to apply for OPT. Will the current EAD suffice?

2. Can she apply for H1 when she gets a job offer, even if she uses her EAD to be on the safe side ?


Thanks

Sri
 
Originally posted by sinjeti
1. Does she still have to apply for OPT. Will the current EAD suffice?
Click to expand...

I don't believe any student has to apply for OPT. The O in OPT stands for "Optional".

2. Can she apply for H1 when she gets a job offer, even if she uses her EAD to be on the safe side ?
Click to expand...

She can, but it would be a poor move on the employer's part, since there are wage, work and location restrictions on an H-1 that are not present for an EAD. It might also make your wife's job search harder, since many employers do not want the hassle and expense of H-1 sponsorship.
 
Thanks ! TheRealCanadian.

Clarifying my queston - I would like to know if she is<B> eligible</B> to apply for OPT since she is not in F1 status.

My reason for asking the question is:
OPT has tax advantages over EAD. If she takes up a job with OPT,
she can work with that status and then switch to EAD.
 
Originally posted by sinjeti
Clarifying my queston - I would like to know if she is<B> eligible</B> to apply for OPT since she is not in F1 status.
Click to expand...

I'll confess ignorance here - I don't know. My gut tells me that since pretty much anything to do with F-1 status is incompatible with a pending adjustment, the answer is probably (but not definitely) going to be "no".

Educate me - does OPT status exempt one from just FICA or all income tax?
 
A person can apply for OPT if he/she is on F1 and finished his/her education. When you filed your wife's 485, her F1 becomes invalid, (I think only h1/l1 status is valid, and all other non-immigrant visa status - F1, B1, J1, etc - becomes invalid)
Now since she is not on F1, she cannot apply for OPT

Yes, it is true that she won't have to pay for medicare and social security if she is on OPT, but if you guys are going to be here anyways, wouldn't it be better that you guys start your medicare and social security?

I am pretty sure about F1 becomming invalid after 485 is filed, if I am wrong, please let me know.
 
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