Question About EAD

M

mahi4u

Registered Users (C)
friends,

Our I-140 is pending at NSC.When we filed our labour my wife included as a dependent since she is on h4.After that she converted from h4 to h1 and she worked on h1 for some time.Me and my wife's employer is same.Now my wife wants to work on EAD.is it possible..??.We don't have any issues with our employer.I'm continuing on h1 only.The only thing is I-140 is still pending.

I appreciate ur help!!

Mahi
 
It is not clear why your wife wants to work on EAD when you have H1. If (knock on wood) your 140 gets rejected for some reason, you will be out of status if you work on EAD. It is better to keep your H1 status at least until your 140 gets approved after which you can use AC-21.

Ideally you want to be on H1 until your 485 gets approved but hey this is the next best thing.
 
Thank you for ur response.Why my wife wants to use EAD is her project got ended 2 months ago and now she is getting all full time offers.Right now 2 full time offers in her hand.Thats the only reason....as you said we better to wait until our I-140 gets cleared.Expecting any time...RD I-140 is April-2004.
 
If your wife has EAD and you are the primary applicant, I dont see any reason she cannot work on EAD
 
Yes,i'm the primary applicant.Whoever use EAD either me or my wife,if some reason our I-140 rejected then we'll be on out of status right..???

Mahi
 
If your 140 gets denied (I hope it does not), and your wife was using EAD to work, only she would be out of status. You will still be in status as long as you maintain valid H1B status.

I think if she was on H1B already and she intends to start using the EAD, there is a notification needed to the USCIS. I am not sure who is responsible for the notification, she or her H1B sponsoring employer. I read this somewhere and maybe this is not at all needed.
 
In worst senario if our I-140 rejected,my wife will be on out of status then what is the next step..?.I mean she has to leave country or what..?.If she leaves country,she has to wait until we get GC to come back USA?.Because i'll continue on h1 until i get GC.Plz suggest..........

Mahi
 
In that worst case scenario, I think she will have to leave the country. She could just apply for a H-4 and come back as long as you are holding a valid H-1B status. She cannot apply for H-4 while in US.

Someone can correct me if I am wrong.

One more option you have is to ask the potential employers of your wife to sponsor her a H1B. Since she is currently on H1B she would not have to worry about the yearly quota. It will be a H1B transfer. Just a thought.

My 2 cents. Hope this helps.
 
If your 140 gets denied, your wife will have to stop working. I dont think she will be out of status since she is waiting for adjustment of status (485). If she leaves the country after you recieve the denial notice, then she will have to use H4 or another H1 or advance parole to come to the country.
I agree with musiclover in the sense that, it is best to have the H1 transferred if possible.
 
Last edited by a moderator:
gcjoe,

I think as soon as the 140 is denied, 485 gets automatically denied. So there is no pending 485. She will have to leave the country in that situation, apply for a H1/H4 in her home country and come back.
 
gcjoe,

Please check your facts. If 140 is denied, 485 is denied implicitly.

Mahi,

You should be also talking to lawyers in addtion to just this forum. Remember, I dont think anyone is dishing out legal advice here. Your questions make me think that we are the only source. I hope that is not the case.
 
You must log in or register to reply here.
Top