Ginnu Help...EAD to H1B for Spouse?

[jambalakadi1]

Hi Gurus.. please respond to this query..

I want to know the pros and cons of this..

I applied I-485 and my wife is my benefeciary.. she was in H4 for one year and we never extended her H4 as we are in I-485. I am using EAD.

My Wife NEVER used her EAD.

Q) Is it possible for my wife to get an H1-b? If Yes, then Can she apply for GC as primary and me as beneficiary? my wife is in healthcare and there is no retrogression for them..So there is greater chance that her GC will be faster..

 

[Jaggy]

My guess is that she can be on H1B although she would have to leave the country and come back after getting the H1B stamp on the passport although u might wanna double check on this

 

[TheRealCanadian]

My guess is that she can be on H1B although she would have to leave the country and come back after getting the H1B stamp on the passport although u might wanna double check on this

This is mostly likely the case. I have no idea why she wouldn't start work on her EAD. An H-1B is an overcomplication in this case.

 

[Jaggy]

Also I dont think there is a requirement that she has to be on H1B for her company to sponsor her gc. She can be on EAD and check out the possibility of her company sponsoring her gc.

 

[Jaggy]

below is the right answer

If the USCIS approves the change of status for the individual with the H1B approval notice and the I-94 card attached to the approval notice, then one is not required to travel abroad and reenter the U.S., but may remain in the U.S. and start working for the employer on H1B status. Travel is required where the person was not maintaining status so that the USCIS only approves the H1B petition but does not approve the COS or EOS and does not attach the I-94 card at the bottom of the approval notice.