Approved EAD

[sidharth07]

Hi Experts.

Need your expertise on following.

My EAD application has been approved , I-140 and I-485 still under process ( initial review.) Mine is EB-1 , hence EAD, I-140 and I-485 was filed concurrently.

My wife has filed her GC application as dependent to me and her is also the same status. She is working on her own H1

Qtn:

1) As my wife's EAD is approved, can she change her job and start working on EAD instead of H1? ( I-140 is still in process for her as well).

2) If she does so, what happens to her current H1? Does it expire/get invalidated? As of now, she has close to 2 1/2 yr on her H1 ( after 3 yr extension on account of her approved I-140. This I-140 is through separate GC application by her employer )

Murthy attorneys: kindly advice.

Appreciate everybody's replies in advance

regds

Sidharth

[Attorney_19]

As long as the EAD has been approved, the derivate I-485 applicant can legally get a job other than her H1B job.

Nevertheless, the more prudent thing to do is to wait until the primary's I-140 (on which the I-485 is based) is approved before the derivative spouse moves from the H1B employer. This is because if the primary's I-140 petition is denied, then the I-485 application will also be denied and the EAD will be invalidated. Therefore, it is most wise for derivative spouse to continue in his/her H1B job until s/he has more assurance of the success of the case, i.e. at least until the primary's I-140 is approved.