H1GC2014 Posted September 25, 2020 Report Posted September 25, 2020 Hi, I am on my H1 with priority date of Jan 2016(EB3). My spouse's PD on EB3 is June 2014. With Oct visa bulleting, he is eligible to file for AOS and EAD/AP. AOS is going to remain pending till dates become current.I was looking on clarification on below point: 1. Can my EAD be applied with my spouse's EAD without changing my status from H1 to H4? 2. Does my immigration status get tied with primary applicant's EAD use or is independent of it. If in future my spouse decides to use his EAD rather than doing H1 extension, can I still continue to work on my H1(my employer is ready to keep extending my H1) and also retain my EAD though not technically using it. 3. If my spouse has started using EAD and we travel, he will enter back in country with AP and status as parolee. Can I enter back country using AP & status of H1 or primary applicant using EAD/AP will change my status on re-entry. I do understand if I was on H4 than my status will get tied to primary applicant status. However since I am on H1, wanted to check on above. Reason we are trying to retain my H1 status just to be sure that in case I485 get rejected, we have one person with valid status. Quote
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