Moona said:My husband got the EAD with my appliacation but he keeps working by his H-1 status until the H status expires. Sorry I don't live in either NY or CA.
If your wife is confident with IELTS spoken part to get 7.0, then she may probably pass it soon. Sorry I cannot judge the language ability of your wife. But if she can get 7.0 on spoken part which is mandatory, she only needs to get 6.0 on other three modules to make 6.5 overall. Upon IELTS rules, 6.25 on average should be counted as 6.5 overall.
To hang on your H-1 status, one thing you may try is to extend H-1 status one year based on your 485 pending status if your 485 is filed at that time even though you are not the 140 applicant. This is a grey area and you need to consult an experienced attorney. If you cannot extend H-1, you have to get EAD before your H-1 expires.
Go and start looking for a nurse GC sponsor now. Good luck.
Moona
How do I extend my H-1 status when my 140 & 485 were denied? I got a denial letter on 1/2/06 and now my lawyer is now preparing to appeal. Are you saying I file the H-1 statu extention when my wife applies for 485? I already asked my immigration attorney about this and he said no, based on the denial on my 140 & 485. Could you clarify this? Thanks,
James