EAD or H1 Please help

[goodstart]

My wife is working on the OPT EAD now which is valid until sep 26,2005. I have applied for 485 EAD for her. She got an RFE for 131 and EAD for color copies of passport biographical pages.

MY I140 , AP and EAD are approved. My attorney says that she doesnot need an H1B. I was thinking of applying one for her in april and having her working on H1B from october 2005.

Is it safe for her to work on the 485 EAD or better to be on H1B?

 

[H1BneedGC]

My wife is working on the OPT EAD now which is valid until sep 26,2005. I have applied for 485 EAD for her. She got an RFE for 131 and EAD for color copies of passport biographical pages.

MY I140 , AP and EAD are approved. My attorney says that she doesnot need an H1B. I was thinking of applying one for her in april and having her working on H1B from october 2005.

Is it safe for her to work on the 485 EAD or better to be on H1B?

Since you have your 140 approved, your spouse could use either of them (H1 or EAD). Even if she uses EAD, I would suggest you be on H1B itself till you cross 180 days of your 485 filing. Generally, some companies do not sponsor H1Bs, in that case your spouse can use EAD. If somebody is ready to do a H1B and not costing anything to you, then she can get on to H1 and wait for your GC approvals.

Good Luck.