HUSBAND USING EAD , while Spouse on H4 status --Consequences, pls advise

[royal1]

Hello Allgurus,
I have filed my I-485, 1.5 years back when it became current for all & retrogressd later. I was not married that time & i got the EAD in Aug2007. I havent used my EAD for my employment eligibility(I-9) till now ,still i am using my H1B for my payroll & legal stay.

Q.1)I am planning to get married on April'09 & bring my spouse on H4 along with me,do you think i can switch to EAD once after me(H1 & AOS) & spouse(on H4) are here back in USA on May'09..?

Q.2) My doubt is if i start using my EAD from May'09(after bringing my spouse here), will she loose her H4 status automatically ..?if so , how can she stay here with me ..? I am gettin mixed opinions about this.

Q.3) If i switch to EAD after marriage, will my H1 also be valid simultaneously & so my wife's H4 ..? Will she be evicted out of the country then ..?

Q.4) My I-140 got approved few months back,but my H1-employer is not telling me the approval# or any refernce regarding the I-140 approval,saying that it belongs to the company.I have a good job offer now to join my client directly on EAD, so if i commit to join them on May'09,will be knowingly or unknowingly jeopardizing the status of my spouse ..?

Q.5) When will i be able to file the I-485 derivative filing for my spouse ..?
How sould i know when is the time for her derivative filing ..???

Q.6) please advise , if i can use my EAD & at the same time keep my spouse's stay valid in US pls let me know how it work..?
q.7) How will i track my priority date is current or not ..? Will i be notified ,if my PD becomes current again ..?

Appreciate your advise in this regard,

Thanks,
Rk

 

[qa13]

Hi..

Why can't you do H1 transfer with the client and do AC 21.Because you need H1 status to renew your spouse H4.She will be out of status if you don't renew H4 unless you file AOS for her.

What is your PD? EB3 or EB2?Country of Birth?

 

[Jackolantern]

You have to wait until your PD is current again to file I-485 for your spouse.

If you use EAD, you would lose the H1B status and your spouse would lose the H4. If she doesn't leave the country and hasn't filed I-485 yet, maybe they won't deport her right away, but if she stays in the US for more than 180 days after losing the H4 status they would reject her I-485 (if and when it is filed) and ban her from the US for at least 3 years.

 

[Jackolantern]

q.7) How will i track my priority date is current or not ..? Will i be notified ,if my PD becomes current again ..?

You won't be notified. You have to check it. Do you know your priority date and employment category? If you know it, you can check it on the visa bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html. If you don't understand how to interpret it, tell us your priority date, country, and EB category and we can tell you if it is current or not.

If your priority date is earlier than the date listed for your country of birth and employment-based category, it is current for that month's bulletin (they normally publish the bulletin 2-3 weeks before the month in which it becomes effective). Or if your country/category says 'C', that means it is current regardless of your priority date.

 

[TheRealCanadian]

if she stays in the US for more than 180 days after losing the H4 status they would reject her I-485 (if and when it is filed) and ban her from the US for at least 3 years.

They would reject the I-485 since she doesn't qualify for 245k benefits, but the 3-year bar would NOT apply until 180 days after the I-94 expired. Illegal presence is not always the same as being out of status.