Marrying someone outside the country on EAD

[snehagc]

A colleague of mine is in the following situation:

He has an EAD (I 140 approved, AOS pending > 180 days) and has been maintaining status on H1 so far. His H1 is coming to an end soon and he may have to move to EAD status. Would it be a problem for him if he marries someone outside of the country while on EAD? If no, then on what visa would he get his wife?

I know you can do that by maintaining an H1 status and getting your spouse on H4. But our company is not willing to do a 7th year extension.

2. Would a person be "in status" if they lose their job while having EAD status.

Any suggestions would be very helpful?

TIA.

-s

 

[ginnu]

He has an EAD (I 140 approved, AOS pending > 180 days) and has been maintaining status on H1 so far.
His H1 is coming to an end soon and he may have to move to EAD status.
Would it be a problem for him if he marries someone outside of the country while on EAD? If no, then on what visa would he get his wife?
---- If he marries before H1 status expires and can get H4 visa for his spouse he can bring his wife on H4 status and then file I-485 for her immediately
I know you can do that by maintaining an H1 status and getting your spouse on H4. But our company is not willing to do a 7th year extension.
---- Request them to file 7th year H1 so that you can bring your spouse on H4( you can pay the fees for 7th year extension) or your wife has to wait out side of USA for 2-3 years or get married ASAP before H1 expire and bring your wife on H4 status
2. Would a person be "in status" if they lose their job while having EAD status.
----- The person will be in AOS status after filling I-485

 

[vhooloo]

He should get married ASAP (at least for the civial authorities) and put the spouse on his pending application. Once this is received an processed, the spouse would become a derivative adjustee just like the primary applicant, with EAD etc.

Spouse would be able to work independently on EAD.

If primary were to lose job, primary would have to find a similar job and use Ac-21 to keep process alive.

However, this should be done well before the approval. It's not easy for GC holders to bring their spouses into the country if they wer not part of the original application - very long wait.

 

[ginnu]

He should get married ASAP (at least for the civil authorities) and put the spouse on his pending application.
---- To file his wife I-485 she has to be in US, He can only bring her on H4 status or she should get her independent H1b if she qualifies and any employer is ready to file for her H1b and has job
Once this is received an processed, the spouse would become a derivative adjustee just like the primary applicant, with EAD etc.
-------- Only if he is able to bring her wife on H4 and files her I-485 in US and apply for her EAD
Spouse would be able to work independently on EAD.

If primary were to lose job, primary would have to find a similar job and use Ac-21 to keep process alive.
----- if I-140 approved and I-485 pending more than 180 days AND the new job is in same/similar
However, this should be done well before the approval. It's not easy for GC holders to bring their spouses into the country if they were not part of the original application - very long wait.