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  #1 (permalink)  
Old 08-17-2012, 12:31 PM
Member
Priority Date
:
Feb-08
Category
:
EB2
I140 Mailed Date
:
09/29/2011
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/12/2011
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Join Date: Mar 2011
Posts: 39
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Default H1 B Amended, Is H4 Amendment needed, or can spouse be on EAD

Hi,

485 was filed in Dec 2011 in EB2 (PD - Feb 2008) with US Employer, (Full time). EAD issued in Feb 2012. Company was acquired and they filed H1-B Amendment in July 2012,(after 220 days, from 485 filing - Company Lawyer insisted on H1-B Amendment). The new company will not file for H4. Can the Primary be on the H1 for the new company and Spouse be on EAD ( H4 was filed with the Previous employer, who was acquired). Spouse is not working. H1-B Amendment not yet approved, but receipt number issued.
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  #2 (permalink)  
Old 08-18-2012, 04:55 PM
Senior Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
04/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: Jul 2008
Posts: 233
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Quote:
Originally Posted by saji007 View Post
Hi,

485 was filed in Dec 2011 in EB2 (PD - Feb 2008) with US Employer, (Full time). EAD issued in Feb 2012. Company was acquired and they filed H1-B Amendment in July 2012,(after 220 days, from 485 filing - Company Lawyer insisted on H1-B Amendment). The new company will not file for H4. Can the Primary be on the H1 for the new company and Spouse be on EAD ( H4 was filed with the Previous employer, who was acquired). Spouse is not working. H1-B Amendment not yet approved, but receipt number issued.
I don't think you need to file an amendment for your wife she can still stay on same H4 ( till the date of validity ) .
Even if the H4 expires you can file for H4 extension depending on your H1 validity ( Independent of your employer) .
You wife can stay in US on EAD ( AOS status ) till your I 485 is in process....

Hope this helps..

Andy
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