Please advise!

[sw28]

I and my spouse both were on H1 and both had I140 approved.
I joined my spouse as a dependent in I485.
I have my EAD and Advance parole.
I have lost my job now.

I am aware that I donot need to apply for H4.
But can INS generate an employment RFE for me ??
If so how do I take care of it in case I donot get another job in my own field of work???

Thanks in advance

sw28

 

[immi007]

don't worry

If the RFE is generated, it will be for the primary applicant. As a dependant, you will be fine. Even if you were on H-1 at the time of 485 application, it doesn't matter.

 

[Rastamandrum]

I do not think you have anything to worry about. Since you have filed as a dependent, there is no obligation on your part to hold a job. Currently your status would be legal since your application is pending. The fact that you used your EAD for some time to work does not change this. The EAD for the dependent is merely a convenience so that the dependent may work if they so desire. The primary applicant (your spouse) is the one who has to worry about a job related RFE. So relax and enjoy your time off from work!!!