EAD usage when spouse is on H4


goin2Vancouver

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hi,

I had received my EAD a couple years ago, but have never used it - still continue to use H1B. I got married recently and my wife arrived here on a H4. Would I be able to use my EAD to work now (instead of H1B) - will it cause my wife to be out of status? Can I apply for an EAD for my wife - if not, when? My EAD has since expired for a few months now, can I still get a new EAD? My PD is still a few months out, so would this be a good idea?

thanks.

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You need to continue to hold H-1B status (use your H-1B to work and travel) so that your wife can continue to hold H-4 status. Your wife will not be eligible to apply for an EAD until she is eligible to file the I-485 application. And she will not be eligible to file the I-485 application until your Priority Date becomes current. If eligible, she may be able to change status from H-4 to H-1B.

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