H1 and I140

[waitfor140]

I have submitted I140 and I485 for my family. Now my wife and me got the EAD. I am in H1 and my wife is in H4. I will continue stay on my H1 status.

My wife got a contract job position last week. I know she could work on her EAD. I am not sure whether it is possible for her to transfer to H1 status later.? Some one told me that once you use EAD, you can not change to H1 again? is this true. Thanks for your help.

 

[vlakha]

answer

I don't think so...anyway EAD maybe atleast 90 days away!! why don't you file for H-1 express and get her working in 15 days??

 

[waitfor140]

help, please

let me make things clear

My situation:
1. I submitted I140/!485 early this year, and my wife and me got EAD approved.
2. I am still working on H1 and would like to keep my H1. (Do not use EAD)
3. My wife is on H4 and her got an contract position last week. Now she could work with her EAD (this EAD is based on I485). But we have some questions:

Questions:
1. If she uses her EAD to work. can I still keep my H1 status (I do not use my EAD).
2. If she uses her EAD to work, can she change her status to H1 later? (right now it is a temp position, and the company does not sponsor H1. But it is possible for her to transfer to permanent position later and the company will sponsor H1).
3. In the case of my I140 get denied, I will still be in H1 status. But what status of my wife will be and can she change back to H4??

Thanks so much for your help??

 

[dynobuoy]

Re: help, please

Originally posted by waitfor140

Questions:
1. If she uses her EAD to work. can I still keep my H1 status (I do not use my EAD).
Yes you can
2. If she uses her EAD to work, can she change her status to H1 later? (right now it is a temp position, and the company does not sponsor H1. But it is possible for her to transfer to permanent position later and the company will sponsor H1).
Yes She can. But I think she needs to get out of the country to get her passport stamped. But also since the new H1 will have a new I-94, she can stay inside of the US with the H1.
3. In the case of my I140 get denied, I will still be in H1 status. But what status of my wife will be and can she change back to H4??
Thats a gamble. Since your H1 status is still valid and your wife's H4 is deopendent of your H1, she could revert back to H4. Consult a lawyer
Thanks so much for your help??

HTH
dyno