From H1 to H4 or EAD to be in status?

A

allthebest

Registered Users (C)
Hey Friends

My 485 is pending for more than 180 days, 140 is approved and we have EADs for me and my wife which we haven't used.

My wife is also on H1, but plans to stop working. Will she have to apply for H4 to remain in status? Or just having an EAD and pending 485 keeps her in status?
 
Originally posted by allthebest
My wife is also on H1, but plans to stop working. Will she have to apply for H4 to remain in status? Or just having an EAD and pending 485 keeps her in status?
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Just having a pending I-485 keeps her in status. The EAD has nothing to do with it. Be advised, however, that she will require AP to re-enter the country once her H-1 is no longer valid.
 
ead allows her to work - 485 pending keeps her in status. When I lost my job last year, the same thing happened to me - I was on an H1, and then worked later with the ead, while my 485 pending was my visa status.

I have even gone out of the country using AP, so I know its ok.
 
THANKS

THANKS TheRealCanadian, Samjoy & India1972 for answering my question.

I guess we don't have to go thru the hassle of applying for her H4 now.

Thanks for your help friends!
 
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