No work with EAD status - What happens?

M

myimmigration

Registered Users (C)
Friends,

7 months ago I filed 485 and I included my wife’s application too. We both got EADs, but my wife was working on H1 even after got the work permit. Last month she lost the job and her H1 was expired 20 days back. She couldn’t find job yet.

According to my knowledge she is fine with EAD. But what are the consequences if she didn’t find a job? Will it be any problem for her GC? Will it affect my GC?


Please share your ideas.

Thank you
MI
:confused:
 
Though I was thrashed for my last post for misunderstood reasons.. I'll give my opinion anyway as a regular user, not lawyer:)

I'll assume few things (because your message doesn't make them clear). Assuming you are the primary applicant of I485 and still have a job, it will not affect your application for I485 nor will it affect hers ( hers being a derivative case).

If you are working on H1, she has two options:
1) she can be just in adjustee status (note that she will not be in H status anymore and will need AP for travelling)

2) Or change her status to H4 (until she finds a new job) and if you both want to enjoy the benefits of H1B

Unless I missed something , this is a very simple case and there is NOTHING to worry about.
 
Thank you Vivek.

Still i have some doubts...

Now I am on H1 and sooner i am going to use AC21 and going to change the employer. So, that time I will be on EAD... in this situation what about her status?

As per your suggestion, if we change her status to H4, still can we try a job for her?


Regards
MI
 
Yes, as long as she is an adjustee (meaning your I485 is pending), she can look for ANY job, anywhere.

However, if her H1 is not valid anymore , then she is not in H4 by default, for that you will have to checge the status to H4 .
And she can not work on H4. (she can on another H1)

But like you mentioned, you will be using EAD soon so why bother, you both will be "adjustee", totally legal and she can work anywhere as long as she has EAD card.
 
Hello

If you are the primary applicant of I-485, your GC depends on your status at the time of approval. Hence if you change job using Ac21, and you are in the same or similar position as u do in your previous company, you are fine. If you are using EAd, you are no more on H1 and your status is EAD which is 100% fine.

Though your wife is on H1 with no job, as she has EAD, which is a permit to work, she doen't need to be in the same or similar position as yours. Hence she can find any kind of job using EAD. So if you think her H1 is gone by now, she is considered to be in EAD status and not out of status.

Once AOS is filed you can live in this country until a decision is made. But there may be a chance of RFE in future if your I-94 is expired and you don't have H1 extension copies filed while filing I-485. Then the primary applicant should be in a position to show employment letter and paystubs if asked by INS.

If you both are on EAD status, if you are leaving US for short vacation, then you can re-enter using Advance Parole only.


Good luck.
 
Dear GCfunWaiting...

Thank you for your time to clarify my doubts...

sorry for asking one more clarification....

If i continue on H1, can she work on EAD?

Thank you again.
MI
 
i think she can !

she filed her own I485 although its approval mainly depends on yours. She is an adjustee, she has an EAD, nothing prevents her from using EAD....

in fact, why do you bother getting a new H1 ? if your application is EB type, just work w/ EAD...

I am exactly in the same situation, ...changed job, used EAD (never mentioned H status to new employer), wife laid off and actively looking...
 
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