Wife on H4 and her AOS in NOT filed. Want to activate my EAD. What will be status of wife ??

[Waitngforgc]

Hi all,

Here's my situation in brief. My I-485 was applied for before I got married. I received my EAD and I am currently waiting for my PD to become current. I was on H1B all this while and had got my wife to the US on H4. However, recently my whole division has been laid off and my H1b will go out of status on 16th nov. 2012. I wanted to explore the possibility of activating my EAD to get a new job. I have the following questions regarding this situation:

1) If I activate my EAD then my H1B becomes invalid and consequently my wife's H4 becomes invalid. Since her Adjustment of Status petition had NOT been filed (owing to retrogression) what will be her status if I use my EAD ? Can she legally remain in the US ? Are there any other alternatives ?

2) I have heard that I cannot add her to my GC application (I-485) once I activate my EAD. Is that true ? And Why ?

3) Is it possible for me to apply for my wife's EAD even though my PD is not current at the moment just on the basis of my EAD ?

Thanks in advance to all who take the time and effort to help me out!

[kalyan_ac]

Hi all,

Here's my situation in brief. My I-485 was applied for before I got married. I received my EAD and I am currently waiting for my PD to become current. I was on H1B all this while and had got my wife to the US on H4. However, recently my whole division has been laid off and my H1b will go out of status on 16th nov. 2012. I wanted to explore the possibility of activating my EAD to get a new job. I have the following questions regarding this situation:

1) If I activate my EAD then my H1B becomes invalid and consequently my wife's H4 becomes invalid. Since her Adjustment of Status petition had NOT been filed (owing to retrogression) what will be her status if I use my EAD ? Can she legally remain in the US ? Are there any other alternatives ?

She will be out of status once you activate your EAD. One option is to get an i20 and change her status to F1.

2) I have heard that I cannot add her to my GC application (I-485) once I activate my EAD. Is that true ? And Why ?

Not really sure but i do not think that is correct.

3) Is it possible for me to apply for my wife's EAD even though my PD is not current at the moment just on the basis of my EAD ?

NO

Thanks in advance to all who take the time and effort to help me out!

[JoeF]

She will be out of status once you activate your EAD. One option is to get an i20 and change her status to F1.

Universities have application deadlines. A person can not just show up and get an I-20.

So, that is not an option. I would appreciate if you don't give such flawed advice.

And signing up with one of the fraudulent diploma mills would of course only make things worse.

The OP should find another H1 job ASAP.

The only other options would be for the spouse to file a COS to B2, or leave the country, and do Consular Processing when the primary applicant's I-485 is approved.

[kalyan_ac]

Universities have application deadlines. A person can not just show up and get an I-20.

So, that is not an option. I would appreciate if you don't give such flawed advice.

And signing up with one of the fraudulent diploma mills would of course only make things worse.

The OP should find another H1 job ASAP.

The only other options would be for the spouse to file a COS to B2, or leave the country, and do Consular Processing when the primary applicant's I-485 is approved.

Agreed Sir. I was throwing an option. It depends on OP's time lines.

[t75]

Student status is for REAL students - not for trying to scam US immigration laws. I would expect someone wanting to become a LPR to be willing to obey ALL of the laws - not just the ones that are convenient for him.

IMO, there is far too much discussion on this forum of trying to find a way around the laws rather than doing the honorable thing and obey them. It is a question of character.

[JoeF]

Agreed Sir. I was throwing an option. It depends on OP's time lines.

It doesn't just "depend on the timeline."

Besides the immigration intent issue touched on by others, getting admission to a university takes several months, from taking TOEFL and GRE/GMAT or SAT, to applying, to getting accepted.

In absolutely no situation can this be done in the few days that the OP would have available.

So, when somebody suggests that, it is always an implicit suggestion to go to one of the fraudulent diploma mills (TVU issued fraudulent I-20s in 5 days...)

People need to understand that doing that would be the worst decision in their life, they would regret that for the rest of their life.

Hence, an F1 is never an option in the situation the OP faces.