Need your advice, situation explained

E

embolism

Registered Users (C)
Currently on H1b 8th year
spouse on H4b
Pending I-485 approval. Got EAD in June 07. Not using EAD. (see signature for details)

Current job will terminate in June 08 and I start 3 year fellowship in July 08. Spouse will start residency in July 08.

I know its nearly 6-8 months from now, but my question: which option is best
1. Can both me and spouse use EAD to start fellowship and residency respectively in July 08

Spouse can start Residency on H1b, but I cannot continue fellowship on H1b since I am already on 8th year of H1B and will not get new H1b for fellowship. Current H1b is only for the current job on yearly extension since pending EB1 I-485.

Rather whats the best course of action.

Thanks for any help.
 
You can go on EAD and tell your spouse to go on an H1B.....I just say that because it kinda gives you options to fall back on something in the unlikely case something untoward happens to your 485 status.....if you both are on an EAD then both of you go stat out of status the day it gets denied.....this way at least one of you remains in status always and one of you can go on dependent status by filing for change asap without having to travel out of the US.....thats what me and my spouse have done.....

Not trying to scare you and usually its not required but in todays times I would prefer being safe than really really sorry....hope this helps.....
 
EAD may help in that your wife and/or you can moonlight.
If your I140 has been approved then EAD may be a better choice for you as the H1b requires the license to be issued by a particular date and the program may ask you to pay for extension
 
Well you cannot moonlight until your final year of training and that too only some programs allow it really....if he is saying she can go on H1B....I am assuming she has already done her licensure exams if not then she has no choice but to go on EAD.....The ONLY real advantage of going on EAD is that she can apply for residencies in programs that DO NOT sponsor ANY visa including J1s....but if she is already starting residency next year then I beleive she already has a position offer hence the point does not arise....my 2 cents
 
This place sponsors H1b and I thank you for the suggestion.
I guess there is no option for me to continue on H1B visa as a back up that I change from job to fellowship.
 
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