EAD or H4

[helpme140]

Hello,

My priority date is now current and i will apply for mine and my spouse's EAD, 485 and AP.

Myself and my spouse are on H1 currently. After getting EAD, my spouse wants to quit her current employer and wants to start working on EAD.

In that case, does she need to apply for a COS from H1 to H4, get it approved and then use the EAD to work. Or having an EAD should be enough to work and the status would change from H1 to EAD automatically?

Please comment.

Thanks.

[pontevecchio]

She can work with an EAD . The H1 etc would be irelevant. She would need to fill up the I9 accordingly.

[JoeF]

She just needs the EAD.

[helpme140]

Thanks for the responses.

Another question -

What if she loses her job while our 485, EAD and AP are in process?

I think if that happens we need to apply for her COS from H1 to H4.

My question is if that situation arises after the 485, EAD and AP are applied, do we need resend documentation stating that her status has been changed from H1 to H4.

Please let me know.

Thanks again.

[JoeF]

The pending I-485 keeps her legal. No need to change to H4 or anything like that.

[pontevecchio]

"I think if that happens we need to apply for her COS from H1 to H4"

You think wrong. If she stops working or loses her job she will CONTINUE to be awaiting AOS. EAD is not an imposition. It is a benefit of ongoing AOS and one does not have to work.

[helpme140]

Thanks Pontevecchio.

Good to know that once we get our receipts for 485, EAD and AP, she can not work and be in status.

But, out of curiousity what would be her status in such a scenario?

Maybe H1 with the addition that awaiting AOS? Am i correct?

Thanks again

[helpme140]

Thanks JoeF !!

[helpme140]

Pontevecchio/JoeF,

Can you please take a look at my last question and provide your thoughts?

Thanks.

[pontevecchio]

She will be awaiting AOS and will not have any status. But her stay is legal with the approval and permission of the Attorney General and this is true of every person awaiting AOS.

[ask_dr]

My situation is similar to "helpme140"s but the twist is I am planning to switch from H1 to EAD (I-485 pending in EB3 category), wife is on H1B. I will be working in Healthcare industry using my EAD but my GC is pending based on a job in IT. I used AC-21 to keep my GC process going.

1. What risk do I have to work on EAD in a different field?

2. If my new employer sponsors my GC in EB-2, I am assuming I can port PD to EB-2 140 and then interfile my 485 to the new application. Is that right?

3. Is it better to switch to H4 and then work on EAD so that in case 485 has issues, I can switch to H4 right away by leaving the country and entering on H4? Am I understanding correctly here?

Please respond. Thanks.

[helpme140]

Thanks Pontevecchio

[helpme140]

Pontevechio and JoeF,

Sorry if i am re-iterating the same question, which i think i am. However, guidance from experts like you would really help understand the already complicated immigration process better.

Pontevechhio mentioned - to 1 of my questions

"You think wrong. If she stops working or loses her job she will CONTINUE to be awaiting AOS. EAD is not an imposition. It is a benefit of ongoing AOS and one does not have to work."

You mention EAD is not an imposition. Does it mean she needs to wait for EAD approval and only then can she stop working or lose her job and be okay without working or changing status?

Or is it that only receipt notices for 485, EAD and AP or rather only receipt notice for 485 is enough to not work as per H1 regulations (min salary) upon losing the job?

Sorry and Thanks.

[helpme140]

Any thoughts?

[helpme140]

Hello Pontevecchio/JoeF,

Could you please take a look at my question?

Thanks.

[kalyan_ac]

Pontevechio and JoeF,

Sorry if i am re-iterating the same question, which i think i am. However, guidance from experts like you would really help understand the already complicated immigration process better.

Pontevechhio mentioned - to 1 of my questions

"You think wrong. If she stops working or loses her job she will CONTINUE to be awaiting AOS. EAD is not an imposition. It is a benefit of ongoing AOS and one does not have to work."

You mention EAD is not an imposition. Does it mean she needs to wait for EAD approval and only then can she stop working or lose her job and be okay without working or changing status?

Or is it that only receipt notices for 485, EAD and AP or rather only receipt notice for 485 is enough to not work as per H1 regulations (min salary) upon losing the job?

Sorry and Thanks.

She needs to wait for EAD approval not just the filed receipts.

[helpme140]

Thanks Immigrationseeker

[helpme140]

Question further to my previous one -

My spouse does not want to work if the current job is gone. Consider a scenario where she gets the receipt notices for 485 and then loses the current H1 job before the EAD is approved. What would her status be -

1.) Pending AOS as JoeF and Ponte mention and no need to change status to H4

2.) Or until EAD is approved, he status would be H1 and we would need to file for a COS to H4.

I am confused.

Thanks.

[JoeF]

Question further to my previous one -

My spouse does not want to work if the current job is gone. Consider a scenario where she gets the receipt notices for 485 and then loses the current H1 job before the EAD is approved. What would her status be -

1.) Pending AOS as JoeF and Ponte mention and no need to change status to H4

Yes.

2.) Or until EAD is approved, he status would be H1 and we would need to file for a COS to H4.

No.

The EAD is not a status. The EAD just shows that a person has the authorization to work. It has no other meaning.

[helpme140]

Great Thanks again JoeF.

[suri5001]

once u are on EAD, u dont need to have anyother status as u will be on AOS until ur 485 is approved.