interesting case ......

R

rakuch

Registered Users (C)
My wife is on H1 and I recently married her after I filed for my I485.
I will be adding my wife's name shortly so that she also gets her GC along with me.
Keeping in mind the current situation ( which is that my wife is on H1 and I have yet not send her application to INS. I will be sending it by 1st week of Nov ) what will happen to my wife's status if she loses her job and ultimately her H1 status. Since she is already married to me will she have a valid status( ofcourse not a status to work) in US after losing her H1 till her name is added along with mine for the GC.

If she will have a valid status after losing her H1 what will it be?

Please post answers ASAP.I will appreciate any serious responses.
 
she'll can be on h4 (in good status)

Dont know if you have to apply for it though...

Cant help you there cuz I aint got no wife!
 
case of a friend...

In the case of a friend/co-worker, he initially had an H1B and his wife got an H4B. After his labor certification and I-140 were approved he filed the I-485 and he also filed for an EAD and AP for himself and his wife. His wife is now covered by the pending I-485 and is working using her EAD (she actually has a better job than he does - at least a higher salary).

Disclaimer: I would definitely read up/talk with a lawyer about the issue. These are just my two cents.:confused:
 
Once you add your wife to your i485 process, you can apply for her EAD. And she can work using that. No longer need to worry about h1 status...
 
my 2 cents....

Your wife has to maintain her H1 status till she gets receipt notice for her I 485 application. After that, she need not have to maintain her H1 status. If needs to work, she can apply for EAD.

If she loses her H1, before applying for I 485, then she will have to apply for dependent visa (H4..assuming you are on H1) to be in status.
 
She will be on dependent status

since her RD. Even if you don't get your RD in hand. I don't think you need to worry about anything. She is more free than you (at least till you get your GC).

Good luck and have fun.
 
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