if we change H1B to EAD, what about spouse's status?

[feelinglucky]

Dear friends,

After filing the I-485, if we change H1B to EAD, what about spouse's status? what will be his/her status?

Thanks a lot!

 

[howdy_howdy]

Your spouse's status will automatically change to I485-pending adjustment
of status, provided if you had applied for I485 for the spouse/dependent(s).
If you haven't, then the H4 will become invalid and he/she will lose the status.

 

[magic_mail]

What if my wife starts working on EAD

Hi:

1) I am working on H1B and my wife status is H4B
2) We have I485 pending with EAD & AP
3) What will be my status if my wife start working on EAD

 

[saras76]

Status

Hi:

1) I am working on H1B and my wife status is H4B
2) We have I485 pending with EAD & AP
3) What will be my status if my wife start working on EAD

If your wife starts working on her EAD then it will only affect her status. Basically she will no longer be an H4. Her use of EAD will have no effect on your H1 status. Now if you decide to use your EAD to switch jobs then your H1B will become invalid and you will be on AP and EAD.

Basically you can have an EAD and H1 and choose to be on the H1B till it expires. Once it expires then you move onto EAD.

regards,

saras

 

[magic_mail]

thanks saras for quick reply
1) Do i have to notify anyone once my h1 expires and i moved to EAD....??
2) Can i apply for a h1 once start working on EAD and move back to h1

 

[gc_2006]

1) No, just have your employer fill out an I-9 with the EAD information
2) That is a bit more complicated. You would have to leave the USA and apply for H-1B abroad and then travel back to be in H-1B status again.

thanks saras for quick reply
1) Do i have to notify anyone once my h1 expires and i moved to EAD....??
2) Can i apply for a h1 once start working on EAD and move back to h1