Wife job...using EAD ,,I-140 stillpending

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Hello,
I filed my I-140/485 almost a year ago at NSC,my I-140 is not approved.
Iam on H1 and my employer offeres a job to my wife.
so can she start working using her EAD..?
Is there any problem using EAD with same employer and primary applicant(myself) is not using EAD..?
Its a good oppurtinity for her....but Iknow there are limitations using EAD without I-140 approval..
Does this really gives a problem working with same employer...?

plz advice me
Thanks in advance
 
aspdotnet said:
Hello,
I filed my I-140/485 almost a year ago at NSC,my I-140 is not approved.
Iam on H1 and my employer offeres a job to my wife.
so can she start working using her EAD..?
Is there any problem using EAD with same employer and primary applicant(myself) is not using EAD..?
Its a good oppurtinity for her....but Iknow there are limitations using EAD without I-140 approval..
Does this really gives a problem working with same employer...?

plz advice me
Thanks in advance
Click to expand...
Absolutley no problem. In the worst case senario of your 140 getting denied ,she will have to re-enter using H4. It is ironic that the dependent has all the freedom but not the primary till I-140 is approved.
 
thanks armie,
If I-140 rejected again shall we get new EAD and AP for both of us rite?
after reapplying or put on motion..?
Anaway Iam not going swith on to my EAD..but for her whats the process that I have to do to use ?..do I need to inform INS..? how do i it....?
thanks
 
aspdotnet said:
..but for her whats the process that I have to do to use ?..do I need to inform INS..? how do i it....?
thanks
Click to expand...
First, wife has to get SSN using EAD if she has not done already. Second, she has to fill the IRS form[I-4 ?] with the employer when accepting the job. If the I-140 is denied the EAD isnot valid anymore.
 
Question for armie

Me and my wife both are on H1B.
Also we had EAD & AP (just incase). (I am primary for I485)

Now if my wife work on EAD , what will happen to AOS?
Will I also loose my H1B satus as her AOS is linked to my AOS?

Thanks
 
Lakshya said:
Me and my wife both are on H1B.
Also we had EAD & AP (just incase). (I am primary for I485)

Now if my wife work on EAD , what will happen to AOS?
Will I also loose my H1B satus as her AOS is linked to my AOS?

Thanks
Click to expand...
Primary will continue to be on non-immigrant status regardless of what status dependent may have.
 
Can she work for another employer using EAD..? or has to be sponsering employer..?
If I-140 rejects both EAD and AP willl not valid.....?
 
If you are primary applicant and your wife is under your name, she can work anywhere she wants and whatever she wants as long as it won't affect her case and your case, but if your case is pending for more than 180 days, you can change your job (new job description should be similar to your job description that is on labor certificate) and your H1 status will be gone once you use EAD.

If you stay with your sponsoring employer and your wife uses her EAD, her h1 status will be gone, but your H1 status will be valid since you have not used EAD and you stay with your sponsoring employer. Your status and your wife's status are still AOS status.

If your 140 is rejected, then everything will be denied (including EAD, AP, and 485). If you are still on H1 status (haven't used EAD) and your 140 or 485 is rejected, you are still on H1 status. If you used EAD and your 140 or 485 is denied, you are out of status and need to leave USA immediately. that's unfortunate and bad advantage. If you are still with your sponsoring employer (still on H1 status) and your wife uses EAD and your 140/485 is denied, your wife will be out of status (I think). Just talk to lawyer.

Hope this helps.
 
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