URGENT. Please help to understand legal status ?

[sd70]

Hi Ginnu, Unitednations, Gurus,

Could you please help me to understand this situation?

I changed my employer when my I 140 approved and I 485 is pending more than 180 days. I transferred my H1B to another company and joined them with H1B.

I have spouse who was in H4 but when she got EAD, she used it and got SSN. My question is that what is her legal status now H4 / EAD? Because when I changed job and transferred my H1B to my current company (B) I didn’t extended or transferred her H4. May I have to extend or transferred her H4 also????

What I have to do now? What is her legal status now H4/EAD?
I changed my job just before 15 days.

Please reply
sd70

 

[EricS]

Hi Ginnu, Unitednations, Gurus,

Could you please help me to understand this situation?

I changed my employer when my I 140 approved and I 485 is pending more than 180 days. I transferred my H1B to another company and joined them with H1B.

I have spouse who was in H4 but when she got EAD, she used it and got SSN. My question is that what is her legal status now H4 / EAD? Because when I changed job and transferred my H1B to my current company (B) I didn’t extended or transferred her H4. May I have to extend or transferred her H4 also????

What I have to do now? What is her legal status now H4/EAD?
I changed my job just before 15 days.

Please reply
sd70

Not a guru, but these are the answers, to best of my knowledge:
Using EAD to get SSN is not same as using EAD for job. Your spouse status is still H4 provided his/her H4 is still valid (having a future expiry date). When you transfer H1, you do not have to transfer H4, but if H4 is expiring, then you definitely need to extend it.
Hope it helps.

 

[sjetly]

As long as your original employer does not cancel the H1B, your wife's H4 is still valid. However, if they decide to do so, she will be immediately out of status. The best option is to go ahead and transfer her H4 to the new employer.

Also, since you are already in your 485, you and your wife are protected and do not even need an H1B. The situation only arises when for some god for saken reason your 485 gets denied which will put you and your wife immediately out of status. It is always advisable to have your H1B active till your GC gets approved.

 

[TheRealCanadian]

As long as your original employer does not cancel the H1B, your wife's H4 is still valid. However, if they decide to do so, she will be immediately out of status.

Absolutely not the case.

As you mentioned below, since they have a pending I-485, the wife is not out of status no matter what happens to her H-4.

However, the other thing to remember is that an H-4 is not tied to the H employer. The wife's H-4 will remain valid so long as the conditions of H-4 remain valid; that she be married to an H-1 holder.

 

[sd70]

Thanks a lot for your reply.

Thanks a lot for your reply.

It means my wife is still on H4 and it is valid till the time frame when it issued, although I transferred my H1B to my current company. Only I have to extend her H4 before it expire. I change my job but not using EAD. I’m working with H1B.

Am I right?

Thanks again.
sd70

 

[EricS]

Thanks a lot for your reply.

It means my wife is still on H4 and it is valid till the time frame when it issued, although I transferred my H1B to my current company. Only I have to extend her H4 before it expire. I change my job but not using EAD. I’m working with H1B.

Am I right?

Thanks again.
sd70

Yes, you are right.
See if you can also talk to your attorney, just as a double check. After all we are not attorney(s) here

 

[lohith]

Thanks a lot for your reply.

It means my wife is still on H4 and it is valid till the time frame when it issued, although I transferred my H1B to my current company. Only I have to extend her H4 before it expire. I change my job but not using EAD. I’m working with H1B.

Am I right?

Thanks again.
sd70

It'll be convenient to do both H1/H4 ext same time by tagging together. It's economical too. Then, Both H1/H4 will have same expiry date, you do not need to worry about H4 exp dates. H4 just follows H1, otherwise, there will be chance of loosing track of H4 exp dates and throwing them out-of-status.