spouse ead to h4 in case of 140 denial

[gkmhan]

Gurus, please respond.

I applied for 140 and 485, EAD, AP along with my wife. I don't plan to use EAD and plan to maintain H1 status, however my wife plans to use EAD to work. Once she starts using EAD, what will happen if my 140/485 gets denied? Can she go back to H4? If so, what is the process for this?

I tried to browse the web for this, but couldn't get any answers. Please advise.

 

[fast_gc_seeker]

Gurus, please respond.

I applied for 140 and 485, EAD, AP along with my wife. I don't plan to use EAD and plan to maintain H1 status, however my wife plans to use EAD to work. Once she starts using EAD, what will happen if my 140/485 gets denied? Can she go back to H4? If so, what is the process for this?

I tried to browse the web for this, but couldn't get any answers. Please advise.

if u maintain H1 status then even if ur 485 gets denied then your wife can still remain on H4[even after using EAD]

 

[gkmhan]

Thanks a lot for the answer..

Is going to H4 automatic? Or does she have to go back to home country?

Another question is, will this affect any future I-485 processing?

 

[TheRealCanadian]

if u maintain H1 status then even if ur 485 gets denied then your wife can still remain on H4[even after using EAD]

When the H-4 dependent uses the EAD to work, she violates and therefore loses her H-4 status. She'll need to get a new visa stamp abroad and return.

 

[gkmhan]

RealCanadian,

Sorry if this is a dumb question. But I thought stamping is only for entering US.

Which one of the following are you saying?
a) she has to immediately go abroad and get stamping (any grace period?)
b) if and when she goes back, she has to get stamping

Also, will this have any effect on future I-485's?

 

[TheRealCanadian]

Sorry if this is a dumb question. But I thought stamping is only for entering US.

Yes, but if you overstay an I-94 or violate a status, the stamp is automatically canceled.

a) she has to immediately go abroad and get stamping (any grace period?)

She'll be out of status immediately, but probably won't accrue illegal presence until after her H-4 I-94 expires. So she should leave the US "soon".

b) if and when she goes back, she has to get stamping

I would proceed under the assumption that the original stamp is no longer valid, but your mileage may vary.

 

[fast_gc_seeker]

When the H-4 dependent uses the EAD to work, she violates and therefore loses her H-4 status. She'll need to get a new visa stamp abroad and return.

dependents get EAD based on primary's and their pending 485 [c(9)]...

lets say they use EAD to work[they being in pending AOS] and primary maintains H1 status. Lets also assume that primaries[hence dependents also] 485 is denied.
Now if primary is still in H1, whats would be status of dependent?

Other way around if both are on EAD and 485 gets denied, what their status?

 

[TheRealCanadian]

lets say they use EAD to work[they being in pending AOS] and primary maintains H1 status. Lets also assume that primaries[hence dependents also] 485 is denied. Now if primary is still in H1, whats would be status of dependent?

If the dependent has worked (legally or illegally) the status is adjustee. If the I-485 is denied, then out of status.

Other way around if both are on EAD and 485 gets denied, what their status?

Both out of status.