Spouse has EAD, but not working

[EB3Aug2001]

Hi All

Please help me regardign this.

I have applied for 140/485. My H1 is expiring on Oct. 2004. My company has filed for my H1 Renewal.

My wife has EAD, but she is not working. She got SSN based on that EAD. She has a valid H4 till October 2004.

She has applied for AP. She will apply for EAD renewal too.

Now my question is what will be her status after October 2004. If she has to go to india (and if she has a valid AP) then can she retuen on EAD/AP after October 2004?

Thanks
-EB3Aug2001

 

[Jharkhandi]

Yes

 

[ginnu]

Hi All

Please help me regardign this.

I have applied for 140/485. My H1 is expiring on Oct. 2004. My company has filed for my H1 Renewal.

My wife has EAD, but she is not working. She got SSN based on that EAD. She has a valid H4 till October 2004.

She has applied for AP. She will apply for EAD renewal too.

Now my question is what will be her status after October 2004.
--AOS or I-485 pending if you( she) does not file her H4 extension with form I-539 . I dont understand why you did not file her H4 extension with your H1 extensaion?? it is much better to be on H4 and H1 if I-140 is Not approved for primary, becase if I-140 is denied then EAD AP, I-485 all get denied
If she has to go to india (and if she has a valid AP) then can she retuen on EAD/AP after October 2004?
--- YES, She can and she needs approved AP in hand before she goes out of US
Thanks
-EB3Aug2001

 

[EB3Aug2001]

EAD & H4

Thanks Ginnu & Jharkhandi

Actually my company was trying to save some money . They said , lets wait and see if she get a job on EAD. But as she is not planning to do job they have agreed to apply for her H4 renewal (today).

My only worry was once her H4 expires on Oct. 1 , 2004. Was her status legal. As She has EAD and SSN, but never used that for work.