Using EAD while I140 and I485 are pending

[goviks]

Hi all,
Our I140 and I 485 are pending. Myself and my wife (H4) got EAD. I know that if I use my EAD, it will invalidate my H1 status. What about my spouse? Can she use EAD?
Thanks for your advices.

 

[mougc]

yes she can use EAD.

however in case of a denial then she has to move back to H4 immediately

 

[goviks]

Mougc,
Thanks for ur advice. She has valid H4 till 01/2009. Hope it does not affect H4 renewal.

 

[kku]

How do you move back to H4. I think you have to leave the country right away and get the stamping again.

Does anyone know...

Mougc,
Thanks for ur advice. She has valid H4 till 01/2009. Hope it does not affect H4 renewal.

 

[moden]

very simple

How do you move back to H4. I think you have to leave the country right away and get the stamping again.

Does anyone know...

The moment you come to know about the I-140 denial, immediately file I-539 to seek change of status from PR applicant to H4. It should be done before the I-485 is denied.

or as suggested before, leave and get a H4 visa stamped and reenter.

 

[raonj1]

The moment you come to know about the I-140 denial, immediately file I-539 to seek change of status from PR applicant to H4. It should be done before the I-485 is denied.

or as suggested before, leave and get a H4 visa stamped and reenter.

Can somebody live without job if i140 and i485 pending?

 

[eb1a-query]

Can somebody live without job if i140 and i485 pending?

Yes, as long as I-485 is pending but cannot work if doesn't have EAD or H/L visa.

 

[goviks]

Using EAD while 140 and 485 are pending

Dear All,
Thankls for your suggestions!!! More suggestions will be appreciated.

 

[mougc]

I guess all the scenarios have been covered by moden and others.

 

[raonj1]

Yes, as long as I-485 is pending but cannot work if doesn't have EAD or H/L visa.

Thanks. In the present situation (i140, i-485 pending AND no other visa) someone live in US, and after a week or so can apply for H1B?

 

[geleya]

Mougc,
Thanks for ur advice. She has valid H4 till 01/2009. Hope it does not affect H4 renewal.

Please advice: If she has valid H4 and start using EAD, if spouse gets I-485 denial, is she needs to apply for H4 again or valid H4 will be OK to stay legally.
Thanks

 

[kku]

What I heard so far in this scenario is that you have to immediately leave the country and get restamping of H4.
Does anyone has gone thru this situation. Please share your experience or knowledge.

Please advice: If she has valid H4 and start using EAD, if spouse gets I-485 denial, is she needs to apply for H4 again or valid H4 will be OK to stay legally.
Thanks

 

[raonj1]

Please advice: If she has valid H4 and start using EAD, if spouse gets I-485 denial, is she needs to apply for H4 again or valid H4 will be OK to stay legally.
Thanks

See post no 5 again by moden