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Spouse on EAD and What would be status of my H1?
- Thread starter bmkip
- Start date
TheRealCanadian
Volunteer Moderator
bmkip said:Hi, I am still working on H1 and also I have EAD( I am not using it). My wife recently got a job on her EAD. I have daughter who is on H4. My concern is what would be status of my H1.
Since your H1 isn't dependent on your wife's status, nothing would change.
ration_card
Registered Users (C)
TheRealCanadian said:Since your H1 isn't dependent on your wife's status, nothing would change.
Hi RealCanadian,
Just for information sake, if Primary (H1B) and derivate (H1B) applicatans both have EAD's. Can derivate applicant use EAD and the primary can stay on H1B so that one has a fall back option if anything unforseen happens with the I-485 application?
Its not like, if one invokes EAD the other also needs to do the same?
thank you,
TheRealCanadian
Volunteer Moderator
ration_card said:Can derivate applicant use EAD and the primary can stay on H1B so that one has a fall back option if anything unforseen happens with the I-485 application?
Sure. The only time there's a linkage is if one is in a dependent non-immigrant status.
ration_card
Registered Users (C)
TheRealCanadian said:Sure. The only time there's a linkage is if one is in a dependent non-immigrant status.
Great thanks RealCanadian. So, as far as EAD (Spouse) and H1 (Primary) are both independent of each others status?
Thank you as always you are very helpful,
TheRealCanadian
Volunteer Moderator
ration_card said:Great thanks RealCanadian. So, as far as EAD (Spouse) and H1 (Primary) are both independent of each others status?
Yes.
BlueOysterCult
Registered Users (C)
H4 -> EAD -> H4
A slightly different question:
My wife and I have approved EAD from our respective employers. I am working on H1 (have not used EAD) and my wife is working on the EAD obtained through her employer. My wife also has a valid H4 through my employer as a derivative of my primary H1 application. My wife is also shown as a beneficiary on AOS filed through my employer. So I have 1 pending AOS while my wife has 2 AOS applications (1 through her employer where she is the primary applicant and 1 through my employer where she is the secondary applicant).
1) What status is my wife on currently?
2) Can she quit her job, stop using her EAD, and go back to H4? Any paperwork needed to do this?
3) At a later time, can she go back to using her EAD at a new job? What would be the basis of this EAD? She did not get a second EAD through my pending AOS application. Does this mean that USCIS has reconciled her 2 pending applications and issued only 1 EAD to be used with any employer as long as my pending AOS is valid?
Thank you in advance.
A slightly different question:
My wife and I have approved EAD from our respective employers. I am working on H1 (have not used EAD) and my wife is working on the EAD obtained through her employer. My wife also has a valid H4 through my employer as a derivative of my primary H1 application. My wife is also shown as a beneficiary on AOS filed through my employer. So I have 1 pending AOS while my wife has 2 AOS applications (1 through her employer where she is the primary applicant and 1 through my employer where she is the secondary applicant).
1) What status is my wife on currently?
2) Can she quit her job, stop using her EAD, and go back to H4? Any paperwork needed to do this?
3) At a later time, can she go back to using her EAD at a new job? What would be the basis of this EAD? She did not get a second EAD through my pending AOS application. Does this mean that USCIS has reconciled her 2 pending applications and issued only 1 EAD to be used with any employer as long as my pending AOS is valid?
Thank you in advance.
TheRealCanadian
Volunteer Moderator
BlueOysterCult said:What status is my wife on currently?
She's an adjustee.
Can she quit her job, stop using her EAD, and go back to H4? Any paperwork needed to do this?
Sure, but why on earth would she want to switch to H4?
What would be the basis of this EAD? She did not get a second EAD through my pending AOS application. Does this mean that USCIS has reconciled her 2 pending applications and issued only 1 EAD to be used with any employer as long as my pending AOS is valid?
Her EAD is based on having "a" pending adjustment petition. I wouldn't trust USCIS to reconcile her two adjustment petitions; I'd be far more likely to expect it to cause problems down the road. She didn't need to file a second one.
BlueOysterCult
Registered Users (C)
TheRealCanadian said:She's an adjustee.
Sure, but why on earth would she want to switch to H4?
Her EAD is based on having "a" pending adjustment petition. I wouldn't trust USCIS to reconcile her two adjustment petitions; I'd be far more likely to expect it to cause problems down the road. She didn't need to file a second one.
Thanks TheRealCanadian.
I was not sure which status she would be on after she quit her current job to take care of the baby. From your reply I gather that she will not go back to H4 but rather to the "assignee" status based on her pending AOS through my employer and that she won't have to file any paperwork to reflect this, right?
We went with 2 pending AOS and EAD applications for my wife only after consulting with her company's immigration attorney firm. The attorney (or paralegal, I forget who) had assured us that their firm had seen such cases and that there wouldn't be any issues. I do see that both the pending AOS applications for my wife have the same A#. Do you think this would be enough evidence to conclude that USCIS has reconciled her 2 cases?
Could you please elaborate on what kind of problems she could face due to 2 EAD applications filed for the same person?
Thanks a lot for your time.