What Happens If My employer cancels my H1B After I got the EAD Through my spouse GC?

H

hymav

Registered Users (C)
Hi

I got an EAD Approved and I got the EAD Card also last month. But This EAD Approval from my husband's green card process.

I am on H1B, My employer wants to cancel the H1B Now.

Am I going to be illeagal status if my employer cancels my H1B?

and My husbands 140 Is not yet approved. We went for a concurrent filing and we got the EAD Approval about a Month back.

I know there are lot of gurus on this forums, Please guide me what to do now. Thanks for all the replies....

H....
 
My first question is if you are working for same employer why does he want to do that? If you are not working you can go either H4 (if your spouse is in H1). If not you can use EAD to work.
As for as your status is concerned your status will become Pending Adjustment of status once your H1 is revoked unless you apply for H4. There is no problem of status as long is your spouse is in status (either H1 or Pending AOS)
 
Hi

Thanks for the reply tammy..

My project is going to be completed.. Same thing happened to couple other guys too..


My husband's company is processing his GC Process. so We got the EAD Last month. And his 140 is not yet cleared.

Do I still have to go for an stamping for H4?

What was the procedure for getting transferrer from H1 to H4?

H..
 
Filing for H-4 will be done by your husband's company. I believe it can be done by your husband also with appropriate fees. Should not be a problem since your husband already has H-1. Now only problem I see is if you want his company to process that, they might not want to do it since you already have and EAD. Once you have H-4 approved, you will have to get it stamped out of USA.
 
If my Husbands company does not want do it because We already have an approved EAD, then what should I dO? What will be my status? Am I leagal? Is it going to cause any problems for my 140 and 485 processing?

Please enlighten me on this..

Thanks for all the replies..

H...
 
Since you have an EAC, you are absolutely in legal status until any decision about your I-485 is made and until the validity of your EAC
 
Originally posted by hymav
If my Husbands company does not want do it because We already have an approved EAD, then what should I dO? What will be my status? Am I leagal? Is it going to cause any problems for my 140 and 485 processing?

Please enlighten me on this..

Thanks for all the replies..

H...
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As I know when you join your next job you tell your EAD Card no while you fill the I-9 form. You will automatically become EAD status and your H1 status will be invalidated. You are still legal because you have EAD. But be sure to find out with your attorney.
 
Originally posted by hymav
Can I join with Different Company before the I-140 Approval?

H...
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With EAD you can join any compnay you want. Because you are not primary applicant(in your case it is your Husband).
 
Since your husband on H1 you have choice of either using EAD or stay on H4. If your spouse employment and employer are good then no need to worry. You can start working on EAD.

Only thing to remember is renew your EAD well before its expiry date.
 
Hi

Thanks for all the replies..

What If I decided to not to work for some time. And If my employers cancel my H1 ?

I am thinking that I am legal to stay in the US With an EAD and with an pending 485. Am I correct?

I do have the AP approved if I am going out for coming back to US. In this case also I am thinking that I can come back with an AP Even though I do not have the H1B and and valid visa.

Can you please comment on this one too...


H...
 
Hi,

Thanks for all the replies...
As Tammy mentioned to me to apply well before for the EAD Renewal.. How many months it is taking to renew the EAD These days.


H,...
 
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