EAD pending, H1 expiring. Is it safe ?

S

sm11299

Registered Users (C)
All,

My wifes H1B expires on Nov 13th 2006. Her employer did not start her GC. My employer filed for her I-485/EAD/AP applications based on derivative status. I am the primary applicant.

Since my wifes H1B is expiring, I was thinking that she would have to apply for change of status to H4 and start working after the EAD comes along.

As per my companies attorney, it is not necessary to apply for H4. Since I485 is pending on my wifes behalf, she is granted authorized stay (even though H1B/I94 is expiring) and my wife can resume working upon the receipt of EAD.

Is this a safe approach ? Please advice.

Thanks,
sm11299.
 
Yes, your wife is safe since she has a 485 pending. However, she cannot work legally until her EAD is approved.

You can only work with HI B receipt not EAD.

goodluck
 
sm11299 said:
All,

My wifes H1B expires on Nov 13th 2006. Her employer did not start her GC. My employer filed for her I-485/EAD/AP applications based on derivative status. I am the primary applicant.
-------------- your employer filed your I-140 and you filed your I-485, EAD AP and your wife filed dervative I-485, EAD AP
Since my wifes H1B is expiring, I was thinking that she would have to apply for change of status to H4 and start working after the EAD comes along.
------------ she needs valid EAD in hand to work or her employer need to file her H1 extension. no need to file H1 to H4 COS
As per my companies attorney, it is not necessary to apply for H4.
Since I485 is pending on my wifes behalf, she is granted authorized stay
(even though H1B/I94 is expiring) and my wife can resume working upon the receipt of EAD.

-----------that is correct, but for work she need EAD in hand or her employer need to file H1 extension. if she uses EAD then she may need valid AP if want to make trip out of US


Is this a safe approach ?
---------that is ok.(if possible let her employer file H1 extension so that she is on H1 status and can be on H1 status . H1 status has advantages if any problem with I-485)
Please advice.

Thanks,
sm11299.
Click to expand...
 
Pending AOS

I think it is safer to maintain the status even if you have a pending AOS. Currently EAD is taking a long time and there are no interim EAP option available so why take risk!
 
FVIRGO said:
I think it is safer to maintain the status even if you have a pending AOS. Currently EAD is taking a long time and there are no interim EAP option available so why take risk!
Click to expand...

Because EAD doesn't give you any valid status on its own. If the I-485 is pending, that is valid status. Why waste money on a useless H-4 that welcome become invalid right away when the EAD comes in?
 
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