EAD Renewal - Current Immigration status

A

abeyy

Registered Users (C)
Hi there,

I am going to apply for EAD renewal. my wife's 485 is pending. She is on h1b, but she did not go to work yet.

1) What should I put for Question # 15 of I-765 application ?

2) If i put h1b will they ask for pay stubs..

thanks,
 
nscagony said:
If she didn't go to work she is no longer in H1 status.
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Depends on how long since she has had the H1. It is acceptable to not work for the employer for 30 days after initial entry to the US before starting the job, or 60 days if already in the US and changing status to H1.
 
abeyy said:
1) What should I put for Question # 15 of I-765 application ?
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If she plans to work for the H1B sponsor soon, put "H1B/pending AOS". If not, just put "pending AOS". That's what I put for my first and second EAD applications respectively (based on advice from the lawyer) and got them approved in a month.
 
thanks guys..

She got her h1b transfered in oct 2007 from h4, but she did not start her work yet.
and her 485 is pending. he is looking forward to work soon.

in this case:

1) What whould i enter for Question # 15 of I-765 application ?
2) Is her h1 still valid??

thanks,
 
I don't know if her H1 is still valid ... but if it is, she may have a claim to back wages since December 2007 because the employer is required to start paying the employee no later than 60 days after a change of status to H1, and to keep paying them unless the employee is outside the US.
 
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