H1b Rejected. Pending AOS application

S

surya123R

Registered Users (C)
Hello

My wife H1B extension is rejected. She is pending AOS applicant as dependent. She is having AP and EAD. Can she work with same employeer ( H1B employeer) even through her H1B extension is rejected. Any out of status or Un authorized employment. Please advice.

any effect on my 485 Application.


Lala
 
As long as she has an EAD, she can take any job regardless of the H1B rejection of the same employer. She can work full-time, part-time, with any salary - it just simply does not matter with an EAD. this has no implications on your own petition. she should file an amended I-9 with her employer showing that she is now working on EAD rather than H1B - for the sake of formality and maintaining a good track record.

did she work after the prior approved H1 expired and before getting the EAD - that's the only way there could have been any unauthorized employment.
 
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