H1B Amended, Is H4 amendment needed - EAD approved

[saji007_00]

Hi,

Can you please help me by answering the below question.

My 485 was filed in Dec 2011 in EB2 (PD - Feb 2008) with US Employer, (Full time). EAD issued in Feb 2012 for me and my wife and is valid till Feb 2013. Company was acquired and they filed H1-B Amendment in July 2012,(after 220 days, from 485 filing - Company Lawyer insisted on H1-B Amendment). The new company will not bear H4 expenses. Spouse is not working. My wife worked 2 weeks in Apr 2012 with EAD and we went to India in May – July 2012 and re-entered on H1 and H4. She is not working now, but we are looking for openings. H1 and H4 with the old employer will expire in Apr 2013. They will not revoke H1-B and I-140. H1-B Amendment not yet approved, but receipt number issued.

Can the Primary be on the H1 for the new company and Spouse be on EAD (H4 was filed with the Previous employer, who was acquired, and will expire in Apr 2013, EAD will expire in Feb 2013). Is an H4 Amendment / transfer required?

Thanks

[pontevecchio]

Yes. She can stay awaiting AOS if she wants to. Why the necessity of having her in H4 status? In any case it costs a small amount to extend her H4 status when her current I94 expires. H4 is only relevant to your H1.

[saji007_00]

Thanks a lot for your answer