eyatl Posted May 17, 2011 Report Share Posted May 17, 2011 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. Link to comment
pontevecchio Posted May 17, 2011 Report Share Posted May 17, 2011 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..................... Link to comment
eyatl Posted May 18, 2011 Author Report Share Posted May 18, 2011 Thank you for your response. Had one more question. My husband has also applied for his GC his I140 has been approved. If he uses EAD based off of my application will that cause any problems later on? Link to comment
pontevecchio Posted May 18, 2011 Report Share Posted May 18, 2011 "If he uses EAD based off of my application will that cause any problems later on?' NOT AT ALL. Link to comment
sanjubaba007 Posted May 19, 2011 Report Share Posted May 19, 2011 Originally posted by pontevecchio: "If he uses EAD based off of my application will that cause any problems later on?' NOT AT ALL. STOP SHOUTING pONTIACVENNICCHO !! Link to comment
pontevecchio Posted May 19, 2011 Report Share Posted May 19, 2011 LOL. Keyboarding is not my strong point. Secondly I am reinforcing the message that it is fine. Thirdly mind your own business. Feel free to answer the OP. Fourthly stop lurking and contribute positive things to this forum. Link to comment
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