I have an approved I-40. Since the Visa numbers will be current in the month of July, my company is about to file the 485 in July.
My spouse also started working with the same company last year and will be filing as a dependent on my application. My H1 B visa expires in Oct 2008 and my wife's H1 B visa expires in Oct 2009. At this point the company lawyers are recommending filing only AOS application for me, but for my wife they are recommending AOS and EAD/AP application.
1) What is the logic for them to file for a EAD/AP at this point for my wife since her H1 visa is valid till 2009, whereas my visa expires next year.
2)If she applies for EAD now, it will be valid for one year. Next year, if the company decides not to renew the EAD and lets it lapse, instead making her maintain her H1-B status, does that in any way affect her ability to file
for EAD if she needs it after her H1 expires?
Thanks!
My spouse also started working with the same company last year and will be filing as a dependent on my application. My H1 B visa expires in Oct 2008 and my wife's H1 B visa expires in Oct 2009. At this point the company lawyers are recommending filing only AOS application for me, but for my wife they are recommending AOS and EAD/AP application.
1) What is the logic for them to file for a EAD/AP at this point for my wife since her H1 visa is valid till 2009, whereas my visa expires next year.
2)If she applies for EAD now, it will be valid for one year. Next year, if the company decides not to renew the EAD and lets it lapse, instead making her maintain her H1-B status, does that in any way affect her ability to file
for EAD if she needs it after her H1 expires?
Thanks!