Spouse Status

[GC_Aspirant_11]

Your inputs will be greatly appreciated.

Our H1 status ended by May of this year, we have out EADs. My wife doesn't work. Her EAD is going to expire tomorrow and we still did not receive new EAD which we applied in September. Are we in any kind of danger ? My EAD is fine, never expired I am keeping it valid all the time.

Thanks in advance

 

[poongunranar]

If vine is fine, branch is fine too

Since you are in-status, expiration of your wife's EAD should not violate her status, only if she is not working with her EAD, which is what your case is. So, you and your wife should be fine.

 

[GC_Aspirant_11]

Thanks!

Thanks, Poongunaranar.

 

[TheRealCanadian]

Re: If vine is fine, branch is fine too

Originally posted by poongunranar
Since you are in-status, expiration of your wife's EAD should not violate her status, only if she is not working with her EAD, which is what your case is. So, you and your wife should be fine.

Even if the principal applicant's EAD expires and he is working illegally, this doesn't affect the wife's status. She is good so long as her I-485 is pending and she is not working.

The I-485 process is different from the H-1/H-4 world.

 

[dinnu]

TheRealCanadian,

I don't agree with your statement. If the principal applicant's I-485 is denied for whatever reason (in this case for working illegally), then there is no basis for the dependants (or derivative) I-485 application and therefore it will be denied too.