Status after applying for EAD

justforfun

New Member
My wife has H1b we have applied for EAD/ASO/AP last month, Will she be in status even if she quits her job? I mean does it automatically means she is in AOS/EAD Status? or will she be automatically go into H4 of My H1. Please let me know.
 
My wife has H1b we have applied for EAD/ASO/AP last month, Will she be in status even if she quits her job? I mean does it automatically means she is in AOS/EAD Status?"

If your wife quits her job, her H1B might become invalid. Since she does not have a valid EAD to work, she might not be able to work.

To get into AOS status you need to use your advance parolle, which will make the H1B invalid i.e. you will become a parolle after using the advance parolle. In order to do that you have to travel outside US and use AP at POE. This was suggested by my lawyer.

or will she be automatically go into H4 of My H1. Please let me know.

When your wife quits the job i dont think she will automatically get into H4 status. You might need to apply for H4 i guess.
(I am not very sure on this one.... wait for more replies on this.)
 
your wife will have to apply to be on an H4 visa. transition to H4 it is not automatic.
if she quits her job then she may have to leave the country, visit a US embassy overseas and come back with H4 visa in the passport. the US embassy you visit now does not have to be the one in home country if your H1 visa was obtained from your home country US embassy. ie. she and you could get an appointment at the US consulate in toronto for her to be on an H4
 
Hi! I was in a similar situation. My lawyer told me I was fine as long as I have the AOS receipt with me.

That is -- the moment your wife gets an AOS reciept in hand she is in status. She cannot ofcourse work, without an EAD and also she will not as the others have pointed out automatically be transferred to h4 (you need to apply for that). SHe cannot also leave the country without a travel parole. But, she will be in status. You can check with your lawyer.
 
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