I-485 pending-H1b status

[chaman]

My I-140 has been just recently approved. My wife and I applied concurrently for I-140, I-485, and EAD. We received EAD a couple of months ago. I've been reading some of the past threads on this category. According to it, when one has a valid H-1 (mine) and H-4 (my wife) valid status (Oct-2005) we would not need to apply for AP, right?.
However, I've been told than once one of us start using the EAD either for a second job in my case, or a job for my wife, we loose the H status and become adjustees, therefore we would need to apply for AP. Any comments on this?

 

[ginnu]

chaman lal,




My I-140 has been just recently approved. My wife and I applied concurrently for I-140, I-485, and EAD. We received EAD a couple of months ago. I've been reading some of the past threads on this category. According to it, when one has a valid H-1 (mine) and H-4 (my wife) valid status (Oct-2005) we would not need to apply for AP, right?.
--- You are correct but nothing wrong in applying AP and EAD, one can have H1 H4 status and still have EAD, AP for emergency use, if your wife got EADF she can also get SSN based on EAD
However, I've been told than once one of us start using the EAD either for a second job in my case, or a job for my wife, we loose the H status and become adjustees, therefore we would need to apply for AP. Any comments on this?
--- IF YOU the primary use EAD then you and your wife both will need AP and both will lose H1 and H4 status, if ONLY your wife uses EAD then she needs AP and your H1 status will not be affected by her using EAD only she will not be on H4 status.
It is better to apply AP for both of you for any emergency use.