H1 to EAD - dependent H4 - Out of status?

[H1Advice]

Hi,

I am posting this question on behalf of a friend.

He has his I-140 approved and also has EAD and Advance Parole. He recently got married and his wife is on H4. He is looking into move from H1 to EAD status and was wondering what status would that leave his wife in? Would she be still in H4 until the dates for EAD become current or she will become out of status? Her EAD is not filed yet thru his Green Card.

Please advice.

Thanks,
H1Advice

 

[ginnu]

Hi,

I am posting this question on behalf of a friend.

He has his I-140 approved and also has EAD and Advance Parole. He recently got married and his wife is on H4. He is looking into move from H1 to EAD status and was wondering what status would that leave his wife in?
----------------If he uses EAD then his wife will not be on H4 status.
Would she be still in H4 until the dates for EAD become current or she will become out of status?

Her EAD is not filed yet thru his Green Card.

Please advice.

Thanks,
H1Advice

If he uses EAD for work he will not be on H1 status and wife will not be on H4 status.
If his wife I-485 is also filed then she will be AOS pending status. If her I-485 is not filed then he should remain on H1 status and wife on H4 status so that when his PD becomes current his wife can file her I-485.

 

[H1Advice]

If he uses EAD for work he will not be on H1 status and wife will not be on H4 status.
If his wife I-485 is also filed then she will be AOS pending status. If her I-485 is not filed then he should remain on H1 status and wife on H4 status so that when his PD becomes current his wife can file her I-485.

Thank you so much. I pretty much guessed the same thing, yet I needed a confirmation.