H1B to AOS EAD derivative applicant (can be unemployed)?


htyda

Recommended Posts

Hi,

I am currently employed under H1B. Recently my husband and I applied for I-485 (employment based) and have both received our AOS EAD cards. He is the primary applicant for the green card, and I am the derivative applicant.

Since I am the derivative applicant, can I quit my current job that I am under H1B for, and stay legally in the U.S. unemployed, using the EAD? If this is possible, what are the risks, if any? Note that my husband will maintain his current job under H1B and he has not yet used his EAD nor does he plan to.

If I cannot be unemployed under the EAD, is it an option to apply for H4 to maintain status under my husband's H1B so I can be unemployed and stay legally in the U.S.?

Thank you.

Link to comment

Archived

This topic is now archived and is closed to further replies.