Ead/h1b

M

myead

New Member
- self on H1B
- Spouse on H1B (consultant On bench without salary) (Came to US on H4 and got her H1. Not stamped on her passport)
- both of us got our EAD, but not used. I/140/485 applied but still pending for more than 5 months.

- kids (dependents) on H4

Question.

- If my spouse gets laid off from her job, what will be her status? H4 visa stamp in her passport is valid till 2003 Dec. And my H1 is still valid thru aug 2003.

- If I use my EAD (and my employer files I9), will her status also be adjusted to EAD, though she does not work.

- If I use my EAD, what will be status of my H4 kids?

Thanks a lot.
 
1. I485 adjustee status.
2. All the I485 applicants will be I485 adjustees once you start using EAD. your spouse can continue on H1 until GC approval. All the H4s will be I485 adjustees and will need AP for travel after you start using EAD. You have to use AP to travel too.
 
In this case, does I485 adjustee status must to have a valid status (i.e H1-B ) to stay in US ? or say, if H1-B is no loger valid (layoff, expired), the I485 adjustee can still keep legal status in US ?

Can I485 adjustee apply for umemployeement from goverment if s/he get laidoff ? will it affect GC process ?

Thanks for your information !
 
To answer your question, we will need to clarify the things here. There are 3 status mentioned in your question: legally stay in USA, permit to work and unemployment benifit.
1. In order to stay in USA legally, one has to have a valid visa (any visa) or a pending immigration case. You have I-485 pending with INS, you and family can stay legaly until INS makes the decision.
2. To work legally in USA for a foreigner, one has to have work permision which could be H1 visa (most cases), EAD or J visa.
3. Only GC holder or citizen get unemployment benifit.

Hope this clarify your doubt.
 
Thank you for the answers.
What will happen if I-485 adjustee has been applied for unemployment benifit and gov already started to pay the $$ ?

Will this person's GC get denied in final ? :confused:

Thank you again for the information !
 
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