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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 06-03-2010, 07:34 AM
Senior Member
Priority Date
:
Mar-04
Category
:
EB3
I140 Mailed Date
:
08/19/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/08/2007
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Join Date: Mar 2007
Posts: 397
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Default If Wife uses EAD, my H1 status=?

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.
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  #2 (permalink)  
Old 06-03-2010, 11:28 AM
Senior Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
08/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Dec 2006
Posts: 354
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Default

Quote:
Originally Posted by sri1309 View Post
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.
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  #3 (permalink)  
Old 06-03-2010, 03:26 PM
Senior Member
Priority Date
:
Mar-04
Category
:
EB3
I140 Mailed Date
:
08/19/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/08/2007
Compare
Join Date: Mar 2007
Posts: 397
sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute
Default

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Originally Posted by ameryki View Post
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.
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  #4 (permalink)  
Old 06-03-2010, 03:57 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2007
Compare
Join Date: Jul 2007
Posts: 562
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Default

Quote:
Originally Posted by sri1309 View Post
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.
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  #5 (permalink)  
Old 06-03-2010, 04:50 PM
Senior Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
08/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Dec 2006
Posts: 354
ameryki is a jewel in the rough ameryki is a jewel in the rough ameryki is a jewel in the rough
Default

Quote:
Originally Posted by sri1309 View Post
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.
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EB-3/ PD- Nov 05
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