Use of EAD

S

suresh_subb

Registered Users (C)
Hello,

I have filed my 485 an year ago, I have a EAD for the past six months, I recently got married and included my wife's name in the 485 process. I have the following questions:

1. Can i switch jobs with EAD, If so is my wife's current H4 status is invalid? So in this case should i wait till my wife get's EAD ?

2. Can I take additional jobs/Start a company and what will be the situation under this case ???


Please Help


Suresh
 
If i am not wrong your current situation is you have EAD from 6 months and your wife came on H4 and applied for EAD. If your wife already applied for EAD then with your current EAD you can start parallely work in a part time job legally or start a business of your own or on partnership but thing is you will loose your H1 status. You have to work on EAD from now on. Once your wife gets EAD approval she will be on EAD officially and she is legally eligible to work also.

But if in any case there is a denial on your 485 processing then you have to file for new H1 processing and your wife's status to be changed to H4.
 
If i am not wrong your current situation is you have EAD from 6 months and your wife came on H4 and applied for EAD. If your wife already applied for EAD then with your current EAD you can start parallely work in a part time job legally or start a business of your own or on partnership but thing is you will loose your H1 status. You have to work on EAD from now on. Once your wife gets EAD approval she will be on EAD officially and she is legally eligible to work also.

But if in any case there is a denial on your 485 processing then you have to file for new H1 processing and your wife's status to be changed to H4.
 
You can switch jobs with your EAD. Since you have already applied for your wife's EAD, she can also start working when it comes through. Meanwhile, since you have included her name on the AOS application, she is in legal status as an AOS applicant, so she does not need the H4 status to be in legal status.
 
"But if in any case there is a denial on your 485 processing then you have to file for new H1 processing and your wife's status to be changed to H4."


Please Remember IF your I-485 is denied you don’t switch you H1b or H4 automatically, you have to leave US and re-enter on H1B or H4 status (if you have H1B or H4 visa stamped on your Passports)
If after the denial of I-485 you apply for H1B and H4 extension in US then the time you are staying in US before H1B or H4 approval it will be UNLAWFULL stay and the unlawful time will start from the day you receive Denial of I-485.
 
Thanks Everyone

Hi Guys,

Thanks to everyone for the expert advice. I am waiting for the receipt of my wife's 485/EAD.

I assume once i receive the receipt, my wife is in legal status even if make use of my EAD !


Thanks

Suresh
 
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