I-485 and EAD - Urgent!!

P

pakka_desi

Registered Users (C)
My wife and mine Labor and I-140 has been approved. We filed I-485 May, 2003. My wife has also started working on using EAD, I am still continuing on my H1 and have EAD as backup. My employer is asking to file for H1 extension for myself and H4 extension for my wife.
My question is that
1. Is it legal to file for H1/H4 extension while having EAD. (I havent told my employer about EAD)?
2. I am pretty sure that I can file for H1 extension since I have not used EAD.
3. Should I file H4 extension for my wife as backup in case if she loses job (not sure if she would be out of the status in that case)?

Please advice..

Thanks in advance
 
pakka_desi:

You are posting this question in the wrong thread. This is a thread for consular processing. You may want to post it in 485/ AOs thread to get the right response to ALL your questions!
 
1 and 2. Yes, I am in a similar situation. My company's attorneys had no issues filing for an H1 renewal (even though my co. bitched about the cost), even though I have an EAD/AP.

3. Besides the fact that it depends on your wife's situation at her place of employment - job security, etc, you're not really clear on one point - does she have a separate 485 petition filed for herself (and a subsequent EAD based on that), or is she using an EAD based on your petition? If her EAD is based on your AOS petition, it has no bearing on whether she is employed or not...

K
Originally posted by pakka_desi
1. Is it legal to file for H1/H4 extension while having EAD. (I havent told my employer about EAD)?
2. I am pretty sure that I can file for H1 extension since I have not used EAD.
3. Should I file H4 extension for my wife as backup in case if she loses job (not sure if she would be out of the status in that case)?

Please advice..

Thanks in advance
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