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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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Old 10-26-2007, 06:46 PM
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Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
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Join Date: Sep 2007
Posts: 6
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Default Does one loses H1B status if his spouse use EAD obtained through his I-485?

I am wondering if a primary applicant of I-485 loses his H1B status if his spouse uses the EAD obtained through his I-485?

What is the status of spouse now? Does she loses H4? What if she wants to get in? Should she use AP? Can she change it back to H4 after using EAD?

Thanks in advance.
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  #2 (permalink)  
Old 10-29-2007, 12:12 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
06/13/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Join Date: May 2006
Posts: 579
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Originally Posted by ssg.gcl View Post
I am wondering if a primary applicant of I-485 loses his H1B status if his spouse uses the EAD obtained through his I-485?

What is the status of spouse now? Does she loses H4? What if she wants to get in? Should she use AP? Can she change it back to H4 after using EAD?

Thanks in advance.
No ,You will remain on H1.
Only your wife will have her status changed from H4 to AOS
She will lose her H4
She needs an AP
She needs to go out of the country , apply for a visa and renter as H4
__________________
Labor RIR : Mar 25,2005
I485/I765/I131 RD : July 2, 2007
I485/I765/I131 ND : Sep 8, 2007
I485 RFE 09/08/2008 I20,MC,OPT EAD Replied 09/19/2008

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