I-485 - Dependent EAD on OPT

[Rockysaha]

Im on H1 (primary applicant) & my wife on F1, we have applied for I-485/EAD/AP, receipt date Feb 28 2012. My wife is completing here study on April 30th 2012.

Now can she apply for her EAD on OPT/F-1 and can she maintain her status independently ?
If no to first do I have to transfer her on H4 status ?

Thanks.

[sguntaka]

I believe 485/EAD and F1 OPT are independent. Until you receive your GC, your wife can be on OPT.

Please confirm with your lawyer who filed your 485.

[a_yaja]

Im on H1 (primary applicant) & my wife on F1, we have applied for I-485/EAD/AP, receipt date Feb 28 2012. My wife is completing here study on April 30th 2012.

Now can she apply for her EAD on OPT/F-1 and can she maintain her status independently ?
If no to first do I have to transfer her on H4 status ?

Thanks.

Once you apply for I-485, your status is automatically AOS. It is better to be on EAD from the I-485 as the EAD from F1 OPT has some employment related restrictions (don't remember exactly - but something like you need to find employment within 90 days for the EAD to be valid, etc).

AOS lets you stay in the U.S. without any issue till a decision is made on the I-485 application.