transition to EAD

R

Ryanlin

Registered Users (C)
Currently, I am holding H1-B visa (my wife is H-4 status) and my company just filed H1-B renewal application for me. My self-sponsored I-140 (in EB1-EA) has been approved and our I-485's are pending. My wife just got a job offer and plans to use her EAD to work soon. So, here are my questions:

(1) I am under the impression that the moment she starts to use EAD to work, my H1-B and her H-4 statuses are no longer valid. Is this true?

(2) Is it safe to abandon my H-1B (and her H-4) after the approval of I-140? Are there cases where people failed to get green card even I-140 is approved?

(3) Do I need to notify my company that my H1-B is no longer valid (Is this true?)? Do I need to let them make a copy of my EAD now?

(4) What happens to my company-sponsored green card application, which is still in the Labor Certificate stage? Can it still go on as a backup option?

(5) Do I have to use Advance Parole to travel overseas from now on?

Thank you all so much,
-Brian
 
Originally posted by Ryanlin

I have exactly the same situation as yours. The followings are my own knowledge I received from different sources:

(1) I am under the impression that the moment she starts to use EAD to work, my H1-B and her H-4 statuses are no longer valid. Is this true?
Using spouse's EAD will not invalidate your H1B status. However if you use your EAD, it will invalidate the non-immgration status of both you and your spouse.

(2) Is it safe to abandon my H-1B (and her H-4) after the approval of I-140? Are there cases where people failed to get green card even I-140 is approved?
It is also my question. Recently I attened a workshop on "Green Cards issues" where I asked the same question to the attorneys (group of three). They answered that they don't have such evidence of denial of 485 for EB-EA approved cases if FBI investigation is clean.

(3) Do I need to notify my company that my H1-B is no longer valid (Is this true?)? Do I need to let them make a copy of my EAD now?
Yes
(4) What happens to my company-sponsored green card application, which is still in the Labor Certificate stage? Can it still go on as a backup option?
Not sure

(5) Do I have to use Advance Parole to travel overseas from now on?
No. You can maintain your H1B. However using either EAD or AP. will invalidate your H1B.
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Using your AP does not invalidate your H1B status but using the EAD does. I had a similar issue last year when my wife started to use her EAD and I was intending to continue use H1B for work and travel. However, when we came back from overseas the immigration officer indicated that since my wife was a dependent she could not travel on AP and me on my valid visa - hence we were both asked to use our AP. I posted on this site and also checked with the lawyer and the answer was the same. Using AP only does not invalidate the H1B status.
 
thanks

thanks a lot, $$01011964 and Sydney!! The info you provided is very helpful in making my decisions.

-Brian
 
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