- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Spouse Status After Layoff
- Thread starter bobxu
- Start date
We are currently on H-1 although both got EAD approved, does she need to apply for H-4 or do something to keep her status legal?
As far as I know, during the period of I485 pending, you always have legal status to stay in USA waiting for your GC without any other non-immigrant visa, as F1, H1 or whatever, but you can't work here until you have either H1 or EAD. EAD only allows you to work legally here but nothing to do with your legally stay here.
The only difference between with H1 (or any kind of non-immigrant visa) or without H1 (or any kind of non-immigrant visa) is that if your I-485 get denied and you haven't any non-immigrant visa at that time, you need leave USA immediately. Otherwise you can still stay and may try your second luck.
Ram Mohoni
Registered Users (C)
Legal Status
Your wife will stay in legal status as long as your I-485 is adjuducated. She can legally work on her EAD and she has the advantage of working outside of her field for which her H1B was approved. For example if she is a programmer she is legally allowed to work in a department store or flip burgers on the basis of her EAD as long as she has the derivative status. However, if for any reason (God Forbid) the I-485 is denied then she gets out of status. You can continue to work for as long as your H1B is valid (and are free to try again for the GC).
Your wife will stay in legal status as long as your I-485 is adjuducated. She can legally work on her EAD and she has the advantage of working outside of her field for which her H1B was approved. For example if she is a programmer she is legally allowed to work in a department store or flip burgers on the basis of her EAD as long as she has the derivative status. However, if for any reason (God Forbid) the I-485 is denied then she gets out of status. You can continue to work for as long as your H1B is valid (and are free to try again for the GC).