Status of spouse on H4 if principal uses EAD

[saumitt]

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

 

[nj_skm]

1. What would be my spouse's status if I use EAD. Will she be out of status?

Yes. By using EAD, you're giving up your H1B status. In that case, she cannot be your dependent any more.

2. Is there any means by which I can file her I-485 asap.

You're out of luck here. No. Gotta wait for PD to be current.