F1/PT/485/EAD/AP question. :)

S

SBR

Registered Users (C)
The question might be repetitive to most of you. I tried searching the forums but wasn't successful in finding the match I am looking for. Gurus out there please respond.

My current status is, I have my Labor approved and have initiated the I140 filing. My wife is currently on F1 graduating in about 4 months. She will apply for OPT and will start working on PT starting May/June. She can't get a H1 approved till October (could be December) due to the quota restrictions. If I apply for I485 for both of us sometime in June then,

Q1) Can my wife apply for H1 with I485 pending?
Q2) If she applies EAD and AP with I485 and if she does not use EAD then can she still proceed with H1 application and get approved?

Thanks much,
-SBR

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I am aware that any response I get may not be Legal.
 


Q1) Can my wife apply for H1 with I485 pending?
Click to expand...

Yes.



Q2) If she applies EAD and AP with I485 and if she does not use EAD then can she still proceed with H1 application and get approved?
Click to expand...

Yes.

In order to use OPT she would need a EAD (based on F-1). This *might* create some issues with her pending 485 application. Another approch could be to file I-140, 2-485 and a EAD (based on her 485) for your spouse now rather in June. EAD should get approved in 90 days or she can get iEad if so desired. In this scenario there are no worries related to EAD(F-1) and/or H-1 issues.
 
Thanks for the reply vxmehra98.

The only reason I am curious on applying H1 for my wife is, I don't want to see my wife in a fix in case of any problems with my GC process. If she gets her H1 and then if I file 485 for both, then I don't see any problems even if my GC has any issues and gets denied, delayed etc... because she can use H1 as long as she does not use EAD from my 485 application.

Bottom line is we can apply for H1 even with I485 pending (and even after EAD approval) during OPT. Correct me if I am wrong in my understanding.

Thanks Again,

-SBR
 
use your EAD

I am not a lawyer but I think your best scenario would be to:

1) File concurrent I140 and I485 and get EAD
EAD allows you to work for one or more employers and no worry of you get laid off.

2) If you are really worrried about your I140/I 485 getting denied apply for H1 also and by all means use that too.. As far as I know nothing prevents you from having H1 and EAD together....EAD gets you more insurance..

However since the H1 quota is already expired EAD is probably the only option right now. You can apply for H1 anytime and have your employer switch your wife over to H1 if that is more comfortable (remember H1 is now a dual intent visa, so you can have EAD and H1)
 
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