EAD H4 use

cris1234

Registered Users (C)
Hi Guys,

Help is really appreciated....Company A hold my H1 and my wifes H4.Company B is processing my greencard under future employment with substitute labor.We recently got our EAD's.My Qestions are:

1) Can my wife work on EAD?
2)Even though I will be working on H1 for company A ,if something happens with my I140 which is processed by company B ,Will my wife loose her status?
3) Can she move back to H4?
 
I have gone thru the same situation myself. Please see the answers below based on what my attorney told me-

1) Can my wife work on EAD?
Yes.
2)Even though I will be working on H1 for company A ,if something happens with my I140 which is processed by company B ,Will my wife loose her status?
If the 140 is denied , she will lose the status.
3) Can she move back to H4
Yes, she can come back to H4 if you still have valid H1. However, she would have to go back to the country of origin to get the visa stamped and regain H4 status.

If your current visa is not stamped in passport or if the 140 is denied when your H1 is under extension process, in such a case, she will have to wait till time you get H1 extended.

She can also run into issues if you cannot get EAD renewed due to RFE on 140 and EAD expiry falls at that time. She would not be able to work then till you get EAD renewed.

If you think your 140 can be denied, better to avoid it.

I was told that by my attorney. I refused to take the risk and am very happy about my decision.


cris1234 said:
Hi Guys,

Help is really appreciated....Company A hold my H1 and my wifes H4.Company B is processing my greencard under future employment with substitute labor.We recently got our EAD's.My Qestions are:

1) Can my wife work on EAD?
2)Even though I will be working on H1 for company A ,if something happens with my I140 which is processed by company B ,Will my wife loose her status?
3) Can she move back to H4?
 
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