EAD Processing.......

W

wonderfulboy

Registered Users (C)
In a family if the main applicant of Green card is working on H visa after EAD is approved and the spouse is working on EAD status. If there is a denial of 485 processing what will happen to main applicants H visa?? Will be cancelled because the spouse is working on EAD status or since the main applicant is on H visa can he able to work till his visa expires?

what the spouse should do to get legal status in the above case? does the spouse need to back to home country stamp and come back on h4 status??

Is EAD status of main applicant and spouse inter related or both are independent??
 
Assuming you are working on an H1, I presume your spouse has an H4. Now that your spouse wants to work, he/she uses the EAD. However, you continue to work on your valid H1. In my opinion, in case of 485 denial, your status is legal since you have a valid H1 visa, however, since your spouse has started working on his/her EAD he/she is considered an AOS applicant and his/her status becomes illegal. But if you apply for your spouses H4 immediately following any 485 denial (God forbid) your spouse should be fine as soon as the H4 is approved. Your spouse should NOT leave the country while any change of status application is pending. Hope that answers your questions.
 
Spouse doesn't have to go to home country for H-4...

...instead can apply for I-539 (Change of Status) to change the status to H4. Nowadays all the service centers process I-539 within a month.
 
The following is the information regarding I-539 taken from INS website.

This form is used by some nonimmigrants to request extensions of stay or changes from one nonimmigrant category to another nonimmigrant category. Please see the form's instructions for your specific nonimmigrant visa category.It is used by F and M nonimmigrants seeking reinstatement of status.It is also used by K-3/4 nonimmigrants to request extensions of stay and by persons seeking V nonimmigrant status while in the United States or extension of stay as a V nonimmigrant.

Nothing is mentioned about H4 status i doubt whether you can file I-539 for change of status.
 
wonderfulboy:

I'm positive you can use Form I-539 to change status to H4. Please consult your lawyer regarding the details.
 
Sorry for the previous information. I have gone through I-539 form and people can use this form filing for an extension/change of status as the dependent of an employee who is an H temporary worker,this application must be submitted with:

1)the Form I-129 filed for that employee or a copy of the
filing receipt noting that the petition is pending with INS;

2)a copy of the employee's Form I-94 or approval notice
showing that he or she has already been granted status
to the period requested on your application

3) Certificate of Eligibility for Nonimmigrant Student) issued by
evidence of relationship (example: birth or marriage
certificate).
 
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