Will H-4 to EAD effect H-1 status

[tony456]

Hi everybody,

I have filed EB1-OR I-140 in Nov. 2007. I am planning to file I-485 and EAD for me and my wife. I am on H-1 and my wife is on H-4. If she use her EAD will that effect my H-1 status(even if I don't use my EAD)? will Filing I-485 effect my H-1 status(if something happens to my I-140)?

Please share ur experience if anybody have gone through this process.

Thanks

 

[jk0274]

No, if she loses her H-4 status by using her EAD, your H-1B status will not be affected.

If you file I-485, it will not affect your H-1B status either as long as you abide by the terms of your status (i.e. stay with your sponsoring employer, not use your EAD, etc )

 

[tony456]

Thank you for ur reply. I heard that I-485 is AOS, Once we file I-485, H-1 or H-4 will become out of status even though we use EAD. What if she loses her H-4 once she use EAD (if something happen to my I-140). Does she needs to go back to home country get stamped again?

Thanks

 

[TheRealCanadian]

I heard that I-485 is AOS, Once we file I-485, H-1 or H-4 will become out of status even though we use EAD.

They'll lose their non-immigrant status, yes, but the I-485 keeps them legal.

What if she loses her H-4 once she use EAD (if something happen to my I-140). Does she needs to go back to home country get stamped again?

Yes.