Wife lay off in I485 Status with EAD

[gcdilema]

hi All,

I have a question regarding Wife's Status. She is on H1B and was working with a company got lay off this friday. She is my dependant in my I485 application. My I485 has been filed Jul -07. She also has EAD but never used.

In this case what should we do. Use EAD for getting new Job or do H1 transfer. Is there any process for her to follow if H1B company lays off. Will she be without any status?

thanks in advance

 

[ginnu]

hi All,

I have a question regarding Wife's Status. She is on H1B and was working with a company got lay off this friday.
She is my dependant in my I485 application.
----------------------if she has pending I-485 she has AOS status
My I485 has been filed Jul -07.
She also has EAD but never used.

In this case what should we do.
----------------------She can use EAD or can find new employer and can file H1 transfer through new employer
Use EAD for getting new Job or do H1 transfer.
------------------she CAN use EAD and if new employer is ready to file H1 transfer that is better option

Is there any process for her to follow if H1B company lays off. Will she be without any status?
-----------she has her I-485 pending and is in AOS pending status.
thanks in advance

--------- if she use EAD then if she go out of US she will need Approved AP in hand before she goes out of US.

 

[gcdilema]

thanks a lot ginnu for a quick reply...

she has both EAD & AP and for new employer we are planning to Use EAD.

 

[gcdilema]

Do we have to notify USCIS on this?

 

[Jackolantern]

Do we have to notify USCIS on this?

No. She is not the primary applicant, so she can work wherever she wants with the EAD (or H1 if she finds another employer to file it), or choose to not work at all, and USCIS won't care.

 

[ginnu]

Do we have to notify USCIS on this?

----no