Principal application on EAD, and spouse on H4

S

saumitt

Registered Users (C)
Hello,

I have a peculiar situation. I am on H1B visa and have applied I-140/I-485/I-765 concurrently for myself (RD-July2007). I have received my EAD but haven't used it yet. My spouse is on H4 visa and her I-485 couldn't be applied due to certain reasons. The visa dates, as you all know, are not current, infact they are unavailable for India. Our H1B/H4 status are expiring in August 2008. My question:

1. What would be my spouse's status if I use EAD. Will she be out of status?
2. Is there any means by which I can file her I-485 asap.

Please advise Gurus,

Thanks much,

saurabh
 
saumitt said:
Hello,

I have a peculiar situation. I am on H1B visa and have applied I-140/I-485/I-765 concurrently for myself (RD-July2007). I have received my EAD but haven't used it yet. My spouse is on H4 visa and her I-485 couldn't be applied due to certain reasons. The visa dates, as you all know, are not current, infact they are unavailable for India. Our H1B/H4 status are expiring in August 2008. My question:

1. What would be my spouse's status if I use EAD. Will she be out of status?
Click to expand...
Yes, she will be out of status
saumitt said:
2. Is there any means by which I can file her I-485 asap.
Click to expand...
No, only if you qualify for EB1 or your wife's birth country is not India/China
 
Thanks very much vodemarv. I self-petitioned under EB2-NIW category. So I believe I can try for EB1 and file a new I-140. Good Luck to you...
 
I understand TheRealCanadian. You are absolutely right. The petition needs to focussed properly to either EA or OR. I am aware of that. They are very subjective and I believe lawyer would provide more help. I work on defense projects so self-petitioning NIW was easy. I also have a PhD in ECE so it all helped. With EA or OR, I believe somebody with more experience can prepare the petition better. Any good recommendation for EB1 lawyer!!!
 
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