Queries on spouse working on EAD

[krn]

Hi

At present my spouse has a EAD/AP Card (obtained thru my GC case as a dependent – expires in 2014) however she is currently working based off H-1B visa. My queries are as follows:

1. My spouse is planning to take a break from work which means her H-1B will be no longer valid. In this case can she can continue to stay in the US based on the current EAD status?

2. In case my spouse likes to work in future, can she work on EAD either on full-time or on a contract based opportunity? Are there any criteria’s/conditions that must be met before starting the work again on EAD?

3. While on the EAD status if my spouse has to travel out of US can she use the Advance Parole (AP) to get back? And are there are any conditions that we must be aware of? For ex: must return to US within 30 business days etc….

4. If the EAD expires or due to unforeseen reasons if we can’t get the EAD renewed before the expiration date:

4. a. Can my spouse continue to stay in the country?

4.b. Does she have to quite the job until the renewed EAD is obtained?

5. Are there any other policies that we must be aware while my spouse is living/working on EAD in the US?

Based on the various forums I have some answeres but posting the questions in consolidated fashion to ensure my understanding/assumptions are correct.

Appreciate your response

Regards,

KRN.

[JoeF]

Her stay would be allowed based on the pending I-485.

The EAD is work authorization only, and has nothing to do with the stay.

She would have to use AP to enter. The only requirement is that the AP is valid when she enters.

[itsmeusa]

1. Yes. EAD will cover her automatically.

2. She needs to reference her EAD on I-9 form when joining as FTE or contractor.

3. She can use AP risk-free.

4. Why you think so, EAD renewal should be applied well within time before current one expires so that you get a new one in hand.

4a. Yes, she can stay in country, but cannot work.

4b. Take a little break from the job if possible until a new EAD arrives.

4c. No. Being on EAD is much safer than being on H-1B.

Cheers.

[krn]

Thank you all for your response. This is very helpful.

Regards,

KRN