EAD/H1 question

4

4beegie

Registered Users (C)
I have a question about my wife's EAD and her H1.

My wife is working on H1 for a company right now. Infact the H1 is still pending as it was applied in Feb 04. So it might come any time soon.

We are about to get our EAD and AP soon. She wants to switch to a better job by using her EAD and as h1 sponsorship is always a hastle. She was on F1 visa before the H1 and does not have a H visa stamp in her passport.

Now the question is:-
- If she uses her EAD while I being on H1 what will happen if my 140 gets denied for any reason.
- Does she loose her H1 (which is still pending) as soon she uses her EAD and become out of status?
- Can she get back to H1 if 140 is denied.
- will she have to apply for a new H1 by going to the home country.

How will this senario work? please let me know.

Thanks a lot.
 
4beegie said:
I have a question about my wife's EAD and her H1.

My wife is working on H1 for a company right now. Infact the H1 is still pending as it was applied in Feb 04. So it might come any time soon.

We are about to get our EAD and AP soon. She wants to switch to a better job by using her EAD and as h1 sponsorship is always a hastle. She was on F1 visa before the H1 and does not have a H visa stamp in her passport.

Now the question is:-
- If she uses her EAD while I being on H1 what will happen if my 140 gets denied for any reason.
- Does she loose her H1 (which is still pending) as soon she uses her EAD and become out of status?
- Can she get back to H1 if 140 is denied.
- will she have to apply for a new H1 by going to the home country.

How will this senario work? please let me know.

Thanks a lot.
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Her H1 status will go dormant. She will have to go out of USA and re-enter to get on H1b status. Any day she spends in USA after her 485 is denied(based on your 140 denial), will be counted illegal stay. If she has time left on her H1b visa, she can get it stamped and come back. If there is no time left on it - she will have to apply for new H1b visa.
 
Thanks for your response.

So you are saying that if she has time on her H1 then she can just use that (after getting the stamp). If she uses her EAD her H1 will not be invalidated and in case of 140 denial she won't be out of status. she can simply go out of the country for stamping and continue with her old H1.

Well she has 5 years remaining on her H1. Please let me know if I got this right?

So do you think it would be wise decision to switch to EAD and get a better job in a good company.

Thanks
 
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