Questions on H1B and I485


avenki77

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I have my H1 stamping till 2013 and I entered US with the same. My I-485 is in the pending state and I have received Advance Parole and EAD combo card.

My wife is working and she is on her H1 petition (till 2014). My daughter is on H4 as her dependent. My wife got her EAD too (based on pending I-485). Both my wife and daughter got their AP too.

Now, I have a few questions.

  1. What is meant by ‘being on EAD Status’?
  2. Having said this, what is my current status? Am I called be on H1 status now or on EAD Status?
  3. What is my wife’s status?
  4. Can my wife and daughter become my dependent and convert to H4? If she does, will her EAD still be valid? Meaning, can she work whenever she wants and stay home whenever she wants? Can she continue to work during the conversion process too?
  5. Do both of us have to get our H1 extending from now on or not necessary?
  6. My wife currently does not have the H1 stamping. Does she need to get it stamped when we go out of the country?
  7. When we re-enter the US would be come in on our H1 or AP?

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There is no "EAD status". The EAD is a work authorization document.

If you are working for the employer that filed your H1, and your H1 is not expired, you are in H1 status.

If you use the EAD, e.g., if your H1 is expired, or if you work for some other employer, you status would be "pending AOS", because you have a pending I-485.

If dependents have pending I-485s, there is no need for them to maintain H1 or H4. If they don't maintain H1 or H4, they would just be in "pending AOS" status as well.

As "pending AOS", a person needs AP to travel abroad, and EAD to work.

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