Wife on H-1B Laid Off; while my I-485 is pending

[PSX]

Hi!!

My wife who is a derivative on my pending I-485 application (more than 180 days old) has been laid off. Both of us have continued to work on H-1B visa, even though our EAD / AP was processed and approved. Our lawyer recommended us to do that. She is looking for other jobs.

Whats her status now? What should we do now? Should she go back to H-4 visa status? OR Can she remain on as a derivative on my I-485 application.

Sincerely
PSX

 

[nkm-oct23]

Since she has a pending I-485 application, she is in a valid "adjustee" status. She can find a new job and either transfer h1 (if not much time has passed between new H1 petition and losing job) or use EAD.
She does not have to go back to H4 unless you feel that your I-485 has a chance of getting denied. (If ithat happens, you remain in H1 status and your wife in H4. Otherwise you will go out of status once I-485 is denied)