Spouse on H4, can I use my EAD


zee1

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Posted

Hi -

My I-485 has been pending for more than a year and I have applied for my EAD extension this month. My wife is on H4 and she came to the US after I got my EAD. So she doesn't have a EAD.

My H1 is valid until 2014. With my wife on H4, can I use my EAD ?

Can I change jobs on EAD and my wife still be on H4 ? I am not an expert but it sounds like her H4 is tied to my H1. If me using my EAD nullifies my wife's H4, what options does she have If I need to use my EAD ? any other visa ?

Thanks for your advice.

Posted

You must properly maintain your H-1B status in order for your wife to maintain H-4 status. For your wife to have an EAD, she would need to file an I-485 application to adjust status as well as the EAD application. She can do this when your priority date is current.

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