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  #1 (permalink)  
Old 03-21-2013, 04:44 PM
Junior Member
Priority Date
:
Dec-08
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
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Join Date: Nov 2010
Posts: 4
nklnarayana@yahoo.com is just really nice nklnarayana@yahoo.com is just really nice nklnarayana@yahoo.com is just really nice nklnarayana@yahoo.com is just really nice
Default Spouse eligibility to work using H1B but entered as parolee

My wife got EAD/AP Combo card as a dependent through my GC process. She was working on H1B status with her employer.

Recently we went for vacation to India.I entered US with H1B visa and my wife entered using AP.

1.Though her status is parolee, can she use H1B as work authorization and continue job with same employer. Her H1B petetion is valid until Oct 2014

2.And later, after couple of months, can she use EAD as work authorization after resigning from her original employer who sponsored her H1B and join other company?
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  #2 (permalink)  
Old 03-26-2013, 04:38 PM
Donor
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
08/11/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/11/2007
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Join Date: Jun 2010
Posts: 202
GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute GCHope2011 has a reputation beyond repute
Thumbs up The answer is yes to both your questions

She will be considered to have resumed working on H1B after vacation, even if she entered on AP, if she is resuming with the same employer after the vacation, as she was working for before the vacation.

Also, she can decide to start using the EAD and switch to any other employer in any other field, as her EAD is a derivative benefit from your application.
__________________
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Donated $350 (Monthly donor) + $200 Post GC
Participated in 2011 Advocacy Day in DC
RFE: BC in 2009/ Proof of Employment Authorization on July 8th, 2011
Greened on 07/16/2011
Cards Received on 07/21/2011
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