Need opinion on spouse's EAD situation

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srk123

Registered Users (C)
I went through the exercise of change of address, AR11, EAD went back, called in to resend to new address. Finally I received my EAD.

But, didn't get my wife's EAD (donno why). My H1 and her H4 is expiring Jan 5th. Is it okay if she doesn't receive the EAD card by Jan 5th? What would be her status if I am on EAD and she doesn't have EAD card on her?
 
EAD is not a status. As long as your I-485 is pending, you guys can stay here. You need EAD to work.

Hope this helps
 
My H1 and her H4 is expiring Jan 5th.
------ Better to file H1 and H4 extension if I-140 is NOT approved, you can also file for 7th year H1 extension based on pending I-485 and send H4 extension with H1b extension
Is it okay if she doesn't receive the EAD card by Jan 5th?
----- EAD is only for work, she can stay in US after filing her I-485 and her status is AOS pending she will need AP for travel AP should be filed in US AND approved in US before departure from US
What would be her status if I am on EAD and she doesn't have EAD card on her?
---- if you use EAD you are Not on H1 status and she is Not on H4 status both will have AOS pending status and both will need Approved AP before departure from US. Always renew EAD, AP 5-6 months advance. If I am in your situation I will extend my H1B and spouse H4 and maintain H1 status till the time I-485 is not approved. Do what you like
 
you guys are awesome

my confusion is resolved now..
my lawfirm and my company are not in favor of applying for H1 extension as I have my EAD. and you guys answered the question about my wife's status that they could not clearly.

Thanks,
 
Request your employer that if I-140 is not approved then EAD, AP, I-485 all will be denied. At this time many are getting RFE for education as many Indians have 3-year degree and they ask for 4-year degree if on your LC form ETA 750A column 14 the lawyer wrote College 4 years. And they may send RFE for education and financial documents of company. Ask your employer if I-140 is not approved and EAD, I-485 is denied what status you will have to work or stay in US? Inform your employer that H1B extension filing USCIS fees is now only $ 130+ lawyer fees. If your employer HR has any expert to file H1 extension you can save the lawyer fees.
Read the below link take out the print out and give it to your employer
http://www.murthy.com/ukdenial.html

it is in your best interest to have H1 extension filed for you and H4 extension for your spouse. You may share the fees if the fee is an issue
 
Ginnu,

I am on H1b and wife on H4 last year, we got our EAD's and I am still on H1 and my wife is working on EAD.

My Question is : Can I apply for 7th year H1B extension ? because my wife used her EAD? Do I still need to apply for H4 for her (I don't think so)?

Appreciated
 
I am on H1b and wife on H4 last year, we got our EAD's and I am still on H1 and my wife is working on EAD.

My Question is : Can I apply for 7th year H1B extension ? because my wife used her EAD?
------ You can apply 7th year H1, H4 spouse using EAD has no effect on YOUR H1 status. If YOU the primary H1 holder used EAD, then you are Not on H1 and spouse also NOT H4. In your case you are on H1 and should file H1 extension, no problem

Do I still need to apply for H4 for her (I don't think so)?

---- If she stops work then you can file her H4 extension, she can be again on H4 status after using EAD. If she has H4 visa stamped then she can exit US and enter showing H4 visa stamp and again be admitted on H4 status. If she wants to USE EAD then I don’t think you need H4 extension for her, she should always keep valid AP approved with her because if she wants to get H4 stamp in future many consulates in India are creating problems at this time. Valid AP will be useful .if she wants to be again on H4 file H4 extension.
 
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Originally posted by srk123
I went through the exercise of change of address, AR11, EAD went back, called in to resend to new address. Finally I received my EAD.

But, didn't get my wife's EAD (donno why).
Click to expand...

srk123 what is your ND and which center did you apply?
Any RFE?
 
Thanks a lot Ginnu for the information.

armie,
We just sent mailed H1 ext (7th) last week. I didnot receive my EAC# yet, so not RD or ND.

I will post my information as it is available to me.
 
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