Spouse have EAD, Not Working Currently, Waiting for 485

M

mahad

New Member
Spouse having EAD & AP. Originally H1. Didn\'t go for a job for a long time due to medical reason. Currently Waiting for 485 Approval applied as depedent. By any chance her approval denied for not working currently on H1.

Did she need to travel out of the country to stamp again for H4 ?

Kindly advice please.

-mahad
 
I think since she has EAD and AP she is in AOS status. This is my impression.

H1 can expire or unused not a problem.
 
Might cause a problem

Right now her status is AOS. So that would not be a problem.
But if INS sends RFE for her previous years tax records, it may cause a problem. Remember a person on H-1 should work and get paid to maintain the status. Any how for peace of mind talk to your lawyer.
 
if she had worked briefly on that H1 then it is ok. was there any gap

between h1 (not working) and I-485 Received Date. It cannot be more
than longer than 10 days according to H1 termination and getting
out of the country(old rule). New AC21 allows longer for involuntarily the job. Write some details and see if somebody has
better idea./
 
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