Move H1B visa to dependent under Spouse with green Card. EAD(I-130) or H4-EAD?


Rohini18

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I am H1B holder. I got married in Colorado and hold marriage certificate and license. My husband is Indian and is a Green Card Holder. We intend to move my status to dependent and come out of my H1B completely. Do we file EAD through petition I-130? or H4-EAD ? H4? what will be the steps? Our objective is to ensure my un-interrupted stay in US , with a valid status.  Thanks for your response in advance.

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File a Change of status to H4 using form I-539. You are allowed to stay till the status change which may take months.

File the H4 EAD with your change of status.

file your I-130.

The final action dates vs dates for filing may mean you cannot apply for the EAD associated with your I-130. I may be mistaken. If so, file the EAD and AP with your I-130.

Too many nuances in your situation and hence involving a lawyer may mean the fastest way possible.

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