Wife's H1B expiring 6 yrs, My 485 retrogessed

P

psinghal

Registered Users (C)
TIA for any and all suggestions I get.

I wanted to find out about the possibilities/options for my wife, who is in the current situation -

She has cycled statuses from H4 to F1 to H1B.
Her 6 yrs limit is expiring in November 2006
She is dependent on my I-485 application (EB2-India) retrogessed.
I-485 PD July 2003
EAD approved for Both.
But I am working on H1-B also (8th yr extension)

She does not want to loose her job. What are our options?

PS: If this has been asked earlier, pls let me know so I can direct myself better.

Again, Thanks in advance for all help.

Puneet
 
psinghal said:
TIA for any and all suggestions I get.

I wanted to find out about the possibilities/options for my wife, who is in the current situation -

She has cycled statuses from H4 to F1 to H1B.
Her 6 yrs limit is expiring in November 2006
------- did she has her LC pending more than 365 days???
She is dependent on my I-485 application (EB2-India) retrogessed.
I-485 PD July 2003
EAD approved for Both.
But I am working on H1-B also (8th yr extension)

She does not want to loose her job. What are our options?

PS: If this has been asked earlier, pls let me know so I can direct myself better.

Again, Thanks in advance for all help.

Puneet
Click to expand...
if no LC is filed for her and not pending more than 365 days she will not get H1 extension, she may have to use EAD for work if not eligible for H1 extension. better she should keep valid EAD and AP(for travel) in hand.
*** you should try to maintain H1 status.
is your I-140 approved?
 
ginnu said:
if no LC is filed for her and not pending more than 365 days she will not get H1 extension, she may have to use EAD for work if not eligible for H1 extension. better she should keep valid EAD and AP(for travel) in hand.
*** you should try to maintain H1 status.
is your I-140 approved?
Click to expand...

Thanks Ginnu for your response and I apologize for not checking back (had some issues). I do plan to stay on H1-B as much as possible.

She does not have any LC or anything. She is dependent on MY GC application (my LC and I-140 approved and I-485 is retrogessed : Currently working on 8th yr H1-B extension) . I am almost sure that she will not get H1-B extension. So what should she do?

Option 1. Do nothing except renew I-9 to use EAD. What would be her status then? What happens if her EAD expires and new EAD renewal is late? Is she out of status?

Option 2. We have been sggested that she convert to H4 VISA and then renew her I-9 to use EAD. Is this any value?

Option 3. <looking for other suggestions>

Our main concern is that she needs to keep working (solved by continously having an EAD) and to not go out of status. Also, she might need to go to India trips due to family needs. So looking for the best way to not have any issues.

Thanks again.
 
psinghal said:
Thanks Ginnu for your response and I apologize for not checking back (had some issues). I do plan to stay on H1-B as much as possible.

She does not have any LC or anything. She is dependent on MY GC application (my LC and I-140 approved and I-485 is retrogessed : Currently working on 8th yr H1-B extension) . I am almost sure that she will not get H1-B extension. So what should she do?

Option 1. Do nothing except renew I-9 to use EAD. What would be her status then?
----------------AOS pending
What happens if her EAD expires and new EAD renewal is late?
---------- stop work and need valid EAD in hand for work. file EAD renewal 4 months days advance
Is she out of status?
-------- she will be AOS pending
Option 2. We have been sggested that she convert to H4 VISA and then renew her I-9 to use EAD. Is this any value?
------------ if she convert to H4 and then want to use EAD H4 becomes invalid the day she uses EAD. why to file H1 to H4 if she want to use EAD?

Option 3. <looking for other suggestions>

Our main concern is that she needs to keep working (solved by continously having an EAD) and to not go out of status.
----------need valid EAD for work and file EAD renewal 4-5 months advance
Also, she might need to go to India trips due to family needs.
---------she needs valid AP in hand before she goes out
So looking for the best way to not have any issues.

Thanks again.
Click to expand...
 
Thanks Ginnu.
If H4 would be invalid after she uses EAD, then it does not make any sense at all to go that path. I just thought H4 would be tied to my H1-B status and EAD would allow her to work. I was probably wrong.

You do a great job helping people. I am sure your help is appreciated by all.
Puneet
 
Ginnu...

When you say "Stop work in between EAD", does she need to resign at expiration and join again after EAD approves? Or does that mean that she can be on "unpaid leave"?

Thanks
 
psinghal said:
Ginnu...

When you say "Stop work in between EAD", does she need to resign at expiration and join again after EAD approves? Or does that mean that she can be on "unpaid leave"?

Thanks
Click to expand...
--------- if she has not valid EAD she should stop work and resume again when gets EAD in hand.
 
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