Status Question

U

USCIT0

New Member
Experts,

I have a status question for you.

Employee is on H-1B (with 2 more years to reach first 6 year limit) with 485 Pending for the last 2 years.
Spouse is on H-4 with 485 Pending for the last 2 years.

Employee applys for EAD now and receives it before the end of the year 2009.

EAD is not applied for the Spouse.

Employee is laid off on 12/31/2009 (in the future). Employee goes to work for another employer using approved EAD in a similar job and with similar salary in 01/01/2010 (in the future).

What is the status of the Spouse in January of 2010? I am guessing spouse is out of status.

Thanks in advance.

Cheers.
 
Last edited by a moderator:
As long as the spouse has a pending 485, he/she can legaly stay in US.

So spouse is in status.
 
USCIT0 said:
Experts,

I have a status question for you.

Employee is on H-1B (with 2 more years to reach first 6 year limit) with 485 Pending for the last 2 years.
Spouse is on H-4 with 485 Pending for the last 2 years.

Employee applys for EAD now and receives it before the end of the year 2009.

EAD is not applied for the Spouse.

Employee is laid off on 12/31/2009 (in the future). Employee goes to work for another employer using approved EAD in a similar job and with similar salary in 01/01/2010 (in the future).

What is the status of the Spouse in January of 2010?

I am guessing spouse is out of status.
----------------------if she has I-485 pending then she is AOS pending status and can stay in US . if she goes out if US then she should get AP filed and approved while she is in US so that she can enter US on AP.

Thanks in advance.

Cheers.
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vj66321 said:
As long as the spouse has a pending 485, he/she can legaly stay in US.

So spouse is in status.
Click to expand...

Just a technically note: Yes, spouse can stay in the US. No, the spouse (or the principal applicant) are not in status. They are out of status. But they are nevertheless authorized to stay due to a pending I-485. There is actually no such immigration category as "AOS status"; "AOS" is not an official status.

One last thing: Remember that it's not the EAD that grants you authorized stay in the US. It's solely the fact that an I-485 application is pending, nothing more. So EAD or no EAD has nothing to do with authorized stay. It merely provides the ability to work, that's all.
 
myitneeds said:
Your pending I-485 is your spouse status..... ( under adjustment )
Click to expand...

It's not a valid non-immigrant status. It is a period of authorized stay.

This is a minor semantic difference which shouldn't make much of a difference, unless the I-485 is denied and the MTR fails. A new I-485 then cannot be filed since it requires one to be in valid non-immigrant status at the time of filing, or qualify for 245k relief if eligible.
 
Thank You!

Thanks to all of you for clarifying my question. I appreciate all your feedback.

Good Luck to all of you for a speedy immigration process (if you are pending).

Cheers!
 
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