Please advice

R

rock1

Registered Users (C)
Hi,

Recently EAD was approved for me and my wife.My I-140/485 is pending. If my wife takes up a job i know she will loose h4 status..My question is if my I-140 is denied can she get back to h4 status?? OR if she leaves the job can she remain on AOS status?? In short is there any risk for her to take up a job before my I-140 is approved..
Please Advice... thank you
 
1. Yes - she will loose her H4 Status.

2. If I-140 is denied, she will have to go to your home country and get H4 VISA. This will be possible only if you maintain your H1 Status.

3. If she leaves her job and there are no issues with your I-140, she maintains her AOS.

The only risk is denial of I-140 will require her to visit her home country to get her H4 VISA.

Hope this helps..

---PLEASE ASK A LAWYER TO VALIDATE - I AM A LAYMAN JUST LIKE U.
 
rock1,

Since you are the primary applicant for GC, if I-140 is denied or H1B is revoked then both of you will lose status. But if you managed for H1B transfer, then your spouse can get H4 status again. If your spouse takes up the job and loses it and your H1B is still valid then she can get back her H4 status if needed. Otherwise it all depends on your I-140 approval. I would say get a year's H1b extension if possible to play it safe. Again, your lawyer may have different views so please verify. Hope this helps.
 
Thank you believe_in_self and Magician for the replies..
My H1 is valid till Nov 2005...so hopefully things will go well..

thanks
 
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