H1b/ead

[kutti80]

Gurus, please help me with this question.

Once I have my EAD in hand with 140/485 is pending, is it possible for my spouse to work on EAD. What will happen to my H1B status if I don't work using my EAD. Does it work that way.

Please explain how we both can work. If my 140 has any issue, what will happen to my spouse's status.

thanks.

 

[dazzling]

Gurus, please help me with this question.

Once I have my EAD in hand with 140/485 is pending, is it possible for my spouse to work on EAD. What will happen to my H1B status if I don't work using my EAD. Does it work that way.

Please explain how we both can work. If my 140 has any issue, what will happen to my spouse's status.

thanks.

1. Your spouse can work using EAD. You can continue on H1 or EAD as you want it to be. Recommendation is to continue on H1.
2. If your 140 gets denied, your 485 will also likely get deined. But as long as USCIS does not send an official denial letter for 485 denial, you can stay in the country. Whether you can work or not during this period is a grey area. Once 485 is denied, your spouse is out of status and is expected to leave the country immediately. However, he/she can come back if you are able to secure a H4 Visa from a consulate. He/She cannot work after coming back on H4.