Newbie question EAD in NIW?

[xterm]

I have a newbie question about how EAD works in NIW. My case is that I already filed the NIW and I485 before regression of priority date. However, I did not apply for EAD at the same time. Right now, I am in h1 status and my spouse's h1 is going to expire. We are thinking of applying for EAD for my spouse while waiting for labor at the same time.

Just want to ask if EAD is applied now, how long do we expect to get it? Also, is there a mandatory begining time for EAD? Actually I am worried that if my spouse use EAD and the h1 is expired, we may in very bad situation if NIW is also rejected. So basically how can we apply EAD and use it as backup? Namely only if my spouse needs to change job that we use it, otherwise, we don't use EAD?

 

[Madison04]

Both of you can apply for EAD's as backup, but you don't have to use it. There is no mandatory requirement on when you should use it. It's totally up to yourself. However, the drawback is just like what you said in your post: The moment you use an EAD to work, you abandon your nonimmigrant status and become "I-485 Pending". If your NIW was denied, you would lose the right to stay in US immediately. To come back, you have to re-apply for another type of nonimmigrant visa (H1, F1, etc.) from your home country... So, at least before your I-140 is approved, don't use EAD unless you reeeeealy have to! If your spouse H1 is expiring and can't get an extension or a new one, then switch her to H4 before she can find another job.