EAD & H status

M

mv1211

Registered Users (C)
Hi Guys:

My wife has a job offer. If my wife starts working on EAD then I understand she will loose her H4 status. My questions is; will it change my H1 status? I want to maintain my H1 status so that I could file for 7th year H1-B extension if the need be.

I understand it is good to have H1-B as a back up plan in case something happens to my I-140 application as my 6 yrs of H1B will be over in Oct '04.

Any help will be appreciated.

MV1211
I-140 & I-1485 - ND Jul '03
AP & EAD - AD Dec '03
 
No it does not affect

Eventhough she is dependant on ur application.. it is still considered as seperate application with her own A number... it does not change ur status..
 
I also had the same issue. After talking to attorneys and discussing on this forum before, I understood that it would not change my status if my wife would use EAD. However, if due to some reason 140 is rejected, she would lose the EAD status and to return back to H4 status, she would have to go to India to get the new visa. If your passport does not have the current visa stamped, she may run into issues of getting H4. So, think thru the process fully before deciding on her using EAD. Better consult an attorney.
My two cents.
 
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