I140 pending: H4 status question

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peace0901

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I140 pending: H4 status question

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 some one with a similar experience responds rather than speculative responses.
 
Once you have EAD and AP i dont think u need any kind of VISA .
I know peoples whose H1 has expired and are working on EAD and using AP to visit india.

Thanks.
 
Once you have Advanced Parole....your status is an advanced parolee and no longer H1.

but one question is whether the Status starts on re-entering US or when you get the Advanced parole. i tihnk you have to re-enter US to have a status change.
 
peace0901:


I140 pending: H4 status question

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 ??

--- Getting EAD and Using EAD have different interpretations if the primary applicant whose I-140 is the base of pending I-485 has used EAD then spouse can not be on H4, If you maintain H1 with your employer then your wife can get H4 status even after working on EAD, she should exit US go to home country get H4 visa stamped on her passport based on your H1 papers and enter US with H4 visa and at POE she will get I-94 with H4 status. If she is on H1 working she can file for Change of status from H1 to H4 with BCIS (she should not be using EAD at that time) go to competent lawyer H 4 is easy to get
you may wait till the time your I-140 gets approved, because I don’t know if any LC, I-140 was filed by her employer, if due to any reason your I-140 is denied you will have your wife GC process or I-140 to continue, if she has no LC filed then she can leave the job and can be on H4.
if she wishes she can stay in US with out any visa as after filing I-485 she has AOS status,but she will need AP for the travel all the time till AOS has not been approved, and she should NEVER leave US with out AP and I-485 filling reciept with her and enter US before AP expires. having Visa is better than AP, with AP when you enter US at POE you have to wait longer and may be taken to Secondary inspection , more time at airport. With valid Visa in passport short time at Airport ( POE)
 
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