Self and spouse filed I-485. I am moving from H1 to EAD and AP. Spouse is on H4 and has no plans to work or travel. To stay in status, does spouse need to apply for AP or EAD or both ? Thanks.
I guess your question is your wife H4 is expiring and what to do. It depends on whether she is travelling out of country. The best way is to get the Advance parole from the local INS or apply for one at Service Center and get it just in case. After Applying for 485 I guess H4 is used only in place of Advance parole and nothing else, without EAD she cannot work and you dont sound like she has any intention of working right now. If H4 is not expiring then dont have to worry about anything she is not out of status for any reason. Hope this helps.
My H1 will expire but I will be on EAD and AP before that time. No problem in my case.
Spouse H4 will expire and I may apply for an AP but not for an EAD. I presume spouse will be in AOS status (I-485) and the expiry of H4 status doesn\'t matter.
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