Spouse's status if principal uses EAD?

S

saumitt

Registered Users (C)
Hello,

I have a peculiar situation. I am on H1B visa and have applied I-140/I-485/I-765 concurrently for myself (RD-July2007). I have received my EAD but haven't used it yet. My spouse is on H4 visa and her I-485 couldn't be applied due to certain reasons. The visa dates, as you all know, are not current, infact they are unavailable for India. Our H1B/H4 status are expiring in August 2008. My question:

1. What would be my spouse's status if I use EAD. Will she be out of status?
2. Is there any means by which I can file her I-485 asap.

Please advise Gurus,

Thanks much,

saurabh
 
Yes, unless you can get the I-485 status, because she derives her H4 from your H1. If you use EAD and do not renew the H-1 then she will fall out of status, and until the I-485 is filed then she is totally dependent on your H-1B.

2. Only when your PD becomes current can you file her I-485
 
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