Urgent, Can spouse of GC holder work without other immigration status. Thanks.

D

dupi

Registered Users (C)
I am an H-1 right now and planning to go back to school. My wife got her GC a month ago and mine was transferred to local INS (as her spouse). After school, say 1 year later, can I work only based on my wife's permernant resident status or I have to re-apply H-1? Thanks.
 
need more info.

I think you need to apply for EAD card, and once you get that card you can study and you can work without any visa (becuase your status will be adjustee)

I hope this will help you.

JB
 
Thanks for your reply, JB. Is the EAD related to my green card application as her dependent? If I cannot get my green card approved, will I still retain my EAD because my spouse is GC holder?
 
dupi

you said, "and mine was transferred to local INS (as her spouse)",

what is transferred to local INS, your 485?
 
Right. My I485 was transferred to local INS office.

Do you know what the conditions are for denial of a case? Thanks.
 
EAD

If I cannot get my green card approved, will I still retain my EAD because my spouse is GC holder?

- No. It will soon be revoked once the 485 is denied. Why do you think there will be a denial?
 
Because the University I attend is 130miles away from where we live. I find a house on campus. The immigration officer may think my wife and I are not staying together.

Can I appeal if my I485 is denied? If I appeal, I should be able to retain my EAD, right?
 
Actually

you will get a intent to deny letter first. And even after denial you can do a motion to reopen and can keep EAD and GC process alive.
Being away from spouse is not a reason for denial...
 
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