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View Full Version : If Wife uses EAD, my H1 status=?


sri1309
06-03-2010, 07:34 AM
Hi,

I have a question.
I'm on H1 status all through. And like many of us, I have my 485 pending. Have my EAD/AP due to July 2007. H1 is valid till 2011, and so are my 2 year EADs.
My wife is on her independent H1 and her company does her GC, in the 1st stage. She is close to 6 years of H1, but may have to leave the job for some reasons.

I am not touching my EAD as of now, as I want to maintain both of them. Just in case something happens to my 485, I dont want to loose H1, like many.

Now, if my wife uses the EAD, what happens to my H1B status.

What risks do you forsee.

Thanks in advance.
S.

ameryki
06-03-2010, 11:28 AM
Hi,

I have a question.
I'm on H1 status all through. And like many of us, I have my 485 pending. Have my EAD/AP due to July 2007. H1 is valid till 2011, and so are my 2 year EADs.
My wife is on her independent H1 and her company does her GC, in the 1st stage. She is close to 6 years of H1, but may have to leave the job for some reasons.

I am not touching my EAD as of now, as I want to maintain both of them. Just in case something happens to my 485, I dont want to loose H1, like many.

Now, if my wife uses the EAD, what happens to my H1B status.

What risks do you forsee.

Thanks in advance.
S.

no issues at all.. infact your wife can choose to leave the country and apply for an H4 visa if she chooses to at anytime in the future based on your H1 even after using EAD etc at this time.

sri1309
06-03-2010, 03:26 PM
no issues at all.. infact your wife can choose to leave the country and apply for an H4 visa if she chooses to at anytime in the future based on your H1 even after using EAD etc at this time.

Thanks Ameryki.
So are you saying that irrespective of, if she uses the EAD she got as a dependent on me, my H1 status is safe, as long as "I" dont use EAD.

vin13
06-03-2010, 03:57 PM
Thanks Ameryki.
So are you saying that irrespective of, if she uses the EAD she got as a dependent on me, my H1 status is safe, as long as "I" dont use EAD.

It is a simple logic. I don't understand what is the confusion. Why will ur status be an issue if your wife changes between H1 and EAD.

Your wife switching to EAD has no effect on your H1.

ameryki
06-03-2010, 04:50 PM
Thanks Ameryki.
So are you saying that irrespective of, if she uses the EAD she got as a dependent on me, my H1 status is safe, as long as "I" dont use EAD.

That is correct. Two different applications. You are in good shape.