Is it ok if the Primary GC holder does not work on EAD?


eyatl

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Hi,

Me and my husband were both on H1b. I am the primary applicant for GC( EB3 Dec 2006) and my husband derivative. We both have our EAD's. Now I have changed my status from H1b- H4 for the last one year as I have a little one to take care.

My questions are

1) If my husband who is on H1b uses his EAD what will be my status? ( Since I am on H4). Does he need to file any change of status?

2) Does my status automatically changes to EAD as well?

3) If yes, then is it a must to work on EAD since I am the primary holder?

4) For how long can I be without working on EAD?

Thanks

Please do help me out in answering my questions. Help is appreciated.

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1) If my husband who is on H1b uses his EAD what will be my status? ( Since I am on H4). Does he need to file any change of status?

You will no longer be in H4 status. You will be awaiting AOS which allows you to stay and travel on AP and work IF YOU WANT on the EAD. This presupposes that the sponsor will answer any RFE and fully intends to hire you when dates become current.

2) Does my status automatically changes to EAD as well?

You will be awaiting AOS which lets you stay though you have no status as such.

3) If yes, then is it a must to work on EAD since I am the primary holder?

It is not a requirement that one MUST work on the EAD. Again I say the sponsor would need to answer any RFE and intend for you to join them on approval of the GC unless you use AC21 and start working for another company in a similar capacity.

4) For how long can I be without working on EAD?

Till youR aos IS APPROVED.

Whatever happened to Immigration Lawyers? In a potentially complex matter please consult a Lawyer.....................

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