Should change status to H4?

D

doubleforest

Registered Users (C)
I have filed NIW 140 & 485 concurrently, and my wife also filed her 485 together with mine. Now all 140 and 485 are pending.

But now my wife's employment has been terminated since Aug. 15. My question is: Does she have to change status to H4? Is it legal for her to stay in US just because of her pending 485?

Thanks a lot.
 
sometime back somebody was discussing the concept of EAD and H4.
I think the summary was:
1.If you have EAD based on pending I-485 you can work using that.
2.once you work and loose job using EAD you can continue to stay in this country with pending I-485 application.
3. but if I-485 gets denied then option comes of H4.
Do you guys have EAD?
if yes she can get new job and work till she hear from I-485
 
eb1doc said:
sometime back somebody was discussing the concept of EAD and H4.
I think the summary was:
1.If you have EAD based on pending I-485 you can work using that.
2.once you work and loose job using EAD you can continue to stay in this country with pending I-485 application.
3. but if I-485 gets denied then option comes of H4.
Do you guys have EAD?
if yes she can get new job and work till she hear from I-485
Click to expand...


We do not have EAD now, the application for EAD is also pending.

My wife has H1-B, but since she moved to join me, her employment was terminated on Aug.15. My understanding is that her H1-B is invalid now (Am I right?). My question is: Does she have to change to H4 now?

Since her 485 is pending, I think it is legal for her to stay in US. To apply for H4 now will not help on anything. She can look for a job and hope the new employer help her on the new H1-B. If she can not find a job because of the visa problem, she can wait for the EAD. In either situation, H4 seems useless for her. Am I right?

Thank you very much.
 
Agree with Sandy. It is a safe way to file a H4.
I case of your I140 failed, which mean I485, EAD all invalid, she has a legal status to stay.
 
if you are maintaining H1 which is less than 6 yrs

then she can change to H4 and switch to H1-B once she gets a job back on H1-B. if you are on extensions it really doesnot matter and your appoach is fine.
doubleforest said:
We do not have EAD now, the application for EAD is also pending.

My wife has H1-B, but since she moved to join me, her employment was terminated on Aug.15. My understanding is that her H1-B is invalid now (Am I right?). My question is: Does she have to change to H4 now?

Since her 485 is pending, I think it is legal for her to stay in US. To apply for H4 now will not help on anything. She can look for a job and hope the new employer help her on the new H1-B. If she can not find a job because of the visa problem, she can wait for the EAD. In either situation, H4 seems useless for her. Am I right?

Thank you very much.
Click to expand...
 
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