Wife's EAD

S

shanku1973

Registered Users (C)
Hi,

I am filing my I-140, I485, AP and wife's EAD application this week.
Expecting my wife's EAD approval in 2 months or so from now.

Please let me know, if she could start working with EAD approval without my I-140 approval. Do I need to know of any other issues?.

Please let me know what else I need to take care of.

Thanks and best regards,
Shan
 
shanku1973 said:
Hi,

I am filing my I-140, I485, AP and wife's EAD application this week.
Expecting my wife's EAD approval in 2 months or so from now.

Please let me know, if she could start working with EAD approval without my I-140 approval. Do I need to know of any other issues?.

There is no issue if you get 140 approval in future

Please let me know what else I need to take care of.
better to wait till 140 clears


Thanks and best regards,
Shan
Click to expand...
 
converting from EAD to H1?

My wife is currently working on EAD, can she ask her present employer to get her a new h1 and convert from EAD to h1.(I want to do this because if she comes back onto h1, there wouldnt be a problem for her even if my 140 is denied.)

Please advise if this is possible-converting from EAD to H1

Thanks,
octFiler.
 
Will be subjected to the H1 quota unless ..

Unless your wife has been on an H1 in the current year (since Oct '03), she will be subjected to the quota restrictions and may have to wait until Oct 04 for the next year's quota. You need to move quickly for this to make sure next year's quota does not run out. You can file now, but she can work on the H1 only from Oct 1.

Disclaimer: I'd read this on one of Murthy chat session transcripts. Please confirm this with an attorney to be sure.
 
magajmari said:
Unless your wife has been on an H1 in the current year (since Oct '03), she will be subjected to the quota restrictions and may have to wait until Oct 04 for the next year's quota. You need to move quickly for this to make sure next year's quota does not run out. You can file now, but she can work on the H1 only from Oct 1.

Disclaimer: I'd read this on one of Murthy chat session transcripts. Please confirm this with an attorney to be sure.
Click to expand...

Thanks for the reply magajmari.

My wife has worked on h1 until dec-03 for company x then joined company y on EAD. If company Y applies for her h1 now, will it be considered as a new h1 for oct 04 or will it be considered as h1 transfer which doesnt have any quota restrictions.

Thanks,
octFiler.
 
she should be fine

Your wife should get the H1 from the new company without being subjected to the quota. Her 6 years will include the time she was previously on the 'H' status. I don't know whether the time she was on her EAD will be excluded from that clock.

This scenario is also covered by AC21 (INSERTS/PUBLIC LAWS AMENDING THE INA/Pub. L. 106-313 American Competitiveness in the /SEC. 105. INCREASED PORTABILITY OF H-1B STATUS.).
 
Last edited by a moderator:
magajmari said:
Your wife should get the H1 from the new company without being subjected to the quota. Her 6 years will include the time she was previously on the 'H' status. I don't know whether the time she was on her EAD will be excluded from that clock.

This scenario is also covered by AC21 (INSERTS/PUBLIC LAWS AMENDING THE INA/Pub. L. 106-313 American Competitiveness in the /SEC. 105. INCREASED PORTABILITY OF H-1B STATUS.).
Click to expand...



Thanks a lot for all the info magajmari.
 
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