Help.... Please Clarify....

B

bkcgey

Registered Users (C)
Hi

Presently my spouse and I have valid H1B visas. We have also applied for adjustment of status and it remains pending. We are also in receipt of our EAD cards but haven\'t used them yet. If my spouse decides to quit her job or gets laid off say tomorrow, will she have any problems as far as her legal status goes ? Will she have to apply for a dependent H4 visa ? How does one transition from H1B to EAD ? And how does one keep the INS posted about this change ?

Thanks

bkcgey
 
She does not lose status. You need to give a copy of EAD to your employer. That\'s it. Nothing to in

 
 
No Title

5thyear.... please clarify

1) She has to give a copy of the EAD to her current H1B employer, right ? The question is when does she do that.... BEFORE or AFTER she quits/gets laid off.

2) Once she gives the EAD card to her employer, her H1B will no longer valid right ? What about my H1B ?

Appreciate your patience in answering these queries ....

Thanks

bkcgey
 
May be she should get an AP if she do not have one

If she planning to travel abroad. Nothing else
 
Iam in the same boat like u

My wife got laid off.She was working on H1.Now we both have EADs and AP.But Iam maintaining my H1 status.Iam not planning to apply H4 because she got her EAD.She hasnt started working on EAD.Even if I apply H4 for her it gets cancelled once she starts working on EAD.
Please advice me if Iam wrong.
Thanks in advance.
 
more details.....

EAD is not a Status. It is required if one wants to work and
if one does not have any other work permit like H1b or L1 etc...

But, when you file I485, your status becomes AOS. If you have
H1b, you can continue to work, because H1b gives both Status and
Work Permit. Using EAD is option, if you still have H1b valid.

H4 holders also become AOS. Ofcourse they can not work if
they don\'t have EAD.

If your employer changed your W9(or may be W4, I\'m not sure),
to EAD from H1b, then your H1b work permit becomes Invalid.

During AOS, you can use either H1b visa if its still valid or
get Advance Parole. AP allows one time entry(multiple too!?)
to USA during your AOS status.

HOpe it helps.,
 
do u recommend me to apply H4 for my wife

Hi 5thyear NSC,
      I explained my wife\'s situation in the previous mail.Do you recommend me to apply h4 for my wife.I was of opinion that she can stay in u.s.a with EAD until she gets her 1-485 approved.thanks in advance
 
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