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I140 pending: H4 status question
- Thread starter peace0901
- Start date
I would guess you applied AOS (I-485) for her along with yours. If so, she does not have to be on any other visa. As long as her I-485 is pending she is in legal status.
When she wants to go back to work, she can use her EAD.
Also, if she wants to visit home country needs to use Advance Parol.
- Sanga.
When she wants to go back to work, she can use her EAD.
Also, if she wants to visit home country needs to use Advance Parol.
- Sanga.
Originally posted by peace0901
My wife and I are working currently on H-1
My I-140 and I-485 are pending.
We both got our EAD and APs approved
If my wife wants to quit the job, do we need to file H-4 for her ??
I would appreciate it if someone with a similar experience responds.
Thanks a lot
One more clarification
1. What happens if she does not use EAD currently and
2. Will BCIS approve a new application for H-1 , a H-1 transfer (at a different Center) from some other employer while my wife is in possession of EAD w/ a pending I-485?
3. Is it ok to have some one apply for H-1 for my wife while she has an EAD ? (we just want to have a back up if my I-140 runs into trouble).
1. What happens if she does not use EAD currently and
2. Will BCIS approve a new application for H-1 , a H-1 transfer (at a different Center) from some other employer while my wife is in possession of EAD w/ a pending I-485?
3. Is it ok to have some one apply for H-1 for my wife while she has an EAD ? (we just want to have a back up if my I-140 runs into trouble).
Why u want to go on h1 from h4?
EAD is much flexible which allows to work for any employer or multiple employers.
If u want "in case " solution then let me tell u that h1 can also be revoked..so she wil have to come back again on h4.
She can always come back on H4 as long as base H1 is valid.
So in my view EAD is better than H1.
Views from others are also invited.
Thanks
EAD is much flexible which allows to work for any employer or multiple employers.
If u want "in case " solution then let me tell u that h1 can also be revoked..so she wil have to come back again on h4.
She can always come back on H4 as long as base H1 is valid.
So in my view EAD is better than H1.
Views from others are also invited.
Thanks
Please Read My Post Carefully
1. My wife is not on H-1 right now. She is on H-1 and she wants to quit the current job on H-1 and take up another job later on.
2. The question was whether she needs to change to H-4 officially ? (although she got an EAD as my dependent she was never on H-4).
1. My wife is not on H-1 right now. She is on H-1 and she wants to quit the current job on H-1 and take up another job later on.
2. The question was whether she needs to change to H-4 officially ? (although she got an EAD as my dependent she was never on H-4).
Originally posted by wanna_gc
Why u want to go on h1 from h4?
EAD is much flexible which allows to work for any employer or multiple employers.
If u want "in case " solution then let me tell u that h1 can also be revoked..so she wil have to come back again on h4.
She can always come back on H4 as long as base H1 is valid.
So in my view EAD is better than H1.
Views from others are also invited.
Thanks
If she is on H1 she can always join other job by using h1 transfer while 485 is pending.
I guess she can change her employer based on EAD also.
But once she use EAD she will not be on h1 any more.
H1 transfer is safe.But on EAD there is much flexibilty and allows to join such clients who donot sponsor h1.
I guess she can change her employer based on EAD also.
But once she use EAD she will not be on h1 any more.
H1 transfer is safe.But on EAD there is much flexibilty and allows to join such clients who donot sponsor h1.
Hi Peace,
If your wife quits job, she doesnot have to file for H4 as long as BCIS has not approved or denied your cases. Because you both are in Adjustee status which does not require an H1 or H4. But incase there is a problem with your 140/485 approval, you both may have switch to H1 or H4.
Also I read from Murthy's chat forum that if husband is still in H1 status, wife can just go out of the country and get her H4 stamp and return to US, even if she loses '485 Pending Status'
From Chat transcript
_____________________________________________
shrini100 : What are the immediate consequences if an I-485 application is rejected? Will my dependents and I be deported immediately?
SPEAKER_Attorney_Murthy : No, a denied I-485 will allow a person on an H1B or L-1 to remain legally in the U.S. on that status. If the person did not have that status, then the INS usually gives the person 30 days to leave the U.S. when denying the I-485. The person can leave and then plan on having the new employer file a new H1B petition or enter the U.S. on another valid legal status. It is expensive for the INS to deport people. Most people are given the opportunity to voluntarily depart the U.S.
------------------
raghug : I have changed my status from H4 to H1 and working. I got another H4 approval from another company where my wife wants to transfer her H1. What is my status now? Am I on H1 or H4?
SPEAKER_Attorney_Murthy : The general rule is that the latest in time prevails. It is wise to contact the INS to withdraw the new H4 if possible, though it may not solve the problem and it may require travel outside the U.S. and applying for a new visa in the home country and reentering on the H1B status.
------------------
------------------
ramsach : From H4 I have applied for Adjustment of Status along with EAD, if for some reason I485 is rejected, can I revert back to my H4 status?
SPEAKER_Attorney_Murthy : If the spouse's H1B is still valid or has been extended, then it is possible to travel abroad and reenter on the H4 even after filing the EAD or the AP per various INS memos since July 1999.
------------------
------------------
nimmigrant : I got laid off on April 3rd. I got an offer from another company and they have applied for new H1B. What will be the effects of this on my Green Card?
SPEAKER_Attorney_Murthy : Usually, should not matter for the Green Card, though of course the new company has to start the GC process from the beginning, in most instances. For the H1B, it is possible the INS will not approve it as an extension of status, so the person may have to leave the U.S. and then reenter on valid H1B status.
------------------
If your wife quits job, she doesnot have to file for H4 as long as BCIS has not approved or denied your cases. Because you both are in Adjustee status which does not require an H1 or H4. But incase there is a problem with your 140/485 approval, you both may have switch to H1 or H4.
Also I read from Murthy's chat forum that if husband is still in H1 status, wife can just go out of the country and get her H4 stamp and return to US, even if she loses '485 Pending Status'
From Chat transcript
_____________________________________________
shrini100 : What are the immediate consequences if an I-485 application is rejected? Will my dependents and I be deported immediately?
SPEAKER_Attorney_Murthy : No, a denied I-485 will allow a person on an H1B or L-1 to remain legally in the U.S. on that status. If the person did not have that status, then the INS usually gives the person 30 days to leave the U.S. when denying the I-485. The person can leave and then plan on having the new employer file a new H1B petition or enter the U.S. on another valid legal status. It is expensive for the INS to deport people. Most people are given the opportunity to voluntarily depart the U.S.
------------------
raghug : I have changed my status from H4 to H1 and working. I got another H4 approval from another company where my wife wants to transfer her H1. What is my status now? Am I on H1 or H4?
SPEAKER_Attorney_Murthy : The general rule is that the latest in time prevails. It is wise to contact the INS to withdraw the new H4 if possible, though it may not solve the problem and it may require travel outside the U.S. and applying for a new visa in the home country and reentering on the H1B status.
------------------
------------------
ramsach : From H4 I have applied for Adjustment of Status along with EAD, if for some reason I485 is rejected, can I revert back to my H4 status?
SPEAKER_Attorney_Murthy : If the spouse's H1B is still valid or has been extended, then it is possible to travel abroad and reenter on the H4 even after filing the EAD or the AP per various INS memos since July 1999.
------------------
------------------
nimmigrant : I got laid off on April 3rd. I got an offer from another company and they have applied for new H1B. What will be the effects of this on my Green Card?
SPEAKER_Attorney_Murthy : Usually, should not matter for the Green Card, though of course the new company has to start the GC process from the beginning, in most instances. For the H1B, it is possible the INS will not approve it as an extension of status, so the person may have to leave the U.S. and then reenter on valid H1B status.
------------------
Last edited by a moderator:
Thanks a MILLION
This forum has been blessed with people with good nature who are ready to share their knowledge and experiences for the good of others.
I truely appreciate the sincere efforts of all the posters.
Please keep it going and I will wait for my turn to assist others with whatever knowledge i have.
Thanks a lot guys/girls.
This forum has been blessed with people with good nature who are ready to share their knowledge and experiences for the good of others.
I truely appreciate the sincere efforts of all the posters.
Please keep it going and I will wait for my turn to assist others with whatever knowledge i have.
Thanks a lot guys/girls.