Guru's Advice needed

G

GCNC

Registered Users (C)
hi Guys,

Myself and my wife got EAD's and AP's on 8/2003. My wife applied for a job in state government school and she got an offer. My I-140 not yet approved. I am with my sponcering company since I came to USA.

Is it OK , if she accepts the offer and work there and what are the implications.

In worst case can she go back to H4 status from EAD.

Please advise me in this regard.

Thanks in Advance

GCNC
I-140/I-485
ND: 4/2003
 
Ofcourse...she can take that job. I dont understand what u mean by implications?? If ur 140 gets rejected, she can get back to H4 or whatever dependent status. If ur 140 gets approved, alls well. isn't it? Am I missing something here?

Madhav
 
Originally posted by Mad Par
If ur 140 gets rejected, she can get back to H4 or whatever dependent status. If ur 140 gets approved, alls well. isn't it? Am I missing something here?
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Since working (even with an EAD) is a violation of H-4 status, the spouse will probably need to leave and re-enter the US to regain H-4 status.

Why are you worried that the I-140 would be denied?
 
The moment you start using your EAD, you lose your H4 (or H1) status and you are considered to be in AOS (Adjustment Of Status). I think you will have to leave the country and re-enter using your H4 visa to regain your H4 status.

But the bigger question is whether you were working legally on EAD? If your I-140 is denied, there is no basis for your I-1485 and your I-765 applications. BCIS has not come out with clear regulations on issues like this. At the POE, an immigratin officer might say that you have been working illegally and may not allow you to enter the country.

This may sound far-fetched, but it is certainly possible. My policy is, if you don't need to take the risk, don't do it.
 
I don't agree with dinnu. As long as BCIS has approved an EAD the applicant is authorized to work legally. If the I-140 is denied then the EAD is no longer valid and then as long as the primary applicant continues to maintain H1 status the spouse automatically continues to maintain H4 status. This is just an opinion. I would strongly urge you to seek the advice of an immigration attorney before you make any move.
 
Originally posted by arcdocs
and then as long as the primary applicant continues to maintain H1 status the spouse automatically continues to maintain H4 status.
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You don't magically switch back to H-4 status in the case that the I-140 is denied. The dependent spouse will need to cease work immediately after the I-140 is denied, and then (probably) leave and re-enter the US.
 
WRONG

Originally posted by arcdocs

If the I-140 is denied then the EAD is no longer valid and then as long as the primary applicant continues to maintain H1 status the spouse automatically continues to maintain H4 status.
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It is not correct. It does not matter whether the primary applicant is maintaining H1 status or not, you WILL NOT be automatically switched to H4.
 
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