residency training on EAD

[youssef_dana]

Hi.. I have currently an H4 visa and just got my EAD based on my husband's H1b and I485 application. I am planning to do residency on EAD..What would happen to my EAD if my husband has to change employer ( who is having financial problems). We are not sure that he is gonna be able to keep working with this employer ( for a valid reason). I know that i am not eligible for J1, and not all programs sponsor H1.. What would be my situation if my EAd got expired ... can I switch to H1b if the program sponsors me a new H1b Visa?
Thanks

 

[lprkhoj]

What would happen to my EAD if my husband has to change employer ( who is having financial problems).

As long as the your I485 is valid and pending, you are eligible for EAD. However, since your's a derivative I485, your husband should not abandon his I485 for any reason. He may switch jobs and still retain validity of his I485 by invoking AC21 to port it to the new employer.

What would be my situation if my EAd got expired ... can I switch to H1b if the program sponsors me a new H1b Visa?
Thanks

Yes. Always. Though time spent on H4 counts towards H-1B six year limit and extension of your h-1b beyond 6 yrs would then be based on your LC/I140 filing not your husband's. h4, however, may be extended based on your husband's H-1B extension. Maybe I am getting too ahead of the situation here and complicating things. If not, add in your details.

 

[aaifor]

Yes. Always. Though time spent on H4 counts towards H-1B six year limit and extension of your h-1b beyond 6 yrs would then be based on your LC/I140 filing not your husband's. h4, however, may be extended based on your husband's H-1B extension.

Not true, spouse switching from H-4 to H-1 has independent 6 year starting from when H1 is issued. USCIS has clarified this..check forums

 

[lprkhoj]

Not true, spouse switching from H-4 to H-1 has independent 6 year starting from when H1 is issued. USCIS has clarified this..check forums

Agreed. I stand corrected. This is the relevant USCIS memo clarifying the confusion.