Working on EAD based on Spouse pending I-485

[rsh1981]

Hi

 

I would like guidance for my friend's situation and options available.

 

1. My friend & his wife are currently working on valid H1-B visa along with their respective GC processing in progress. My friend's wife has  EB2 PD of 2009 with I-485 pending from last 3 yrs & they both have EAD due to this pending I-485.  My friend has EB2 PD-2011 & hence got his EAD based on his wife GC process expiring in Feb-2017. As per their situation, his wife is planning to move outside of US for good & not planning to return back. My friend has couple of FT offers & they are looking for EAD/GC.

 

I would like to know in event of friend's wife going outside US for good, EAD for my friend will be cancelled or he can pursue those offers. I believe once his wife moves out of the country, his EAD will be cancelled and it won't be good idea to switch on EAD & rather shifting job on H1-B would be best option & he should wait for offers based on his existing H1-B.

 

Please confirm if he can work on EAD until Feb-2017 or it won't be valid legal option.

[rsh1981]

Question posted

[pontevecchio]

Once his wife abandons her pending AOS he needs to get in to H1 status based on pending I-140. He also needs to discuss the situation with a Lawyer.

[rsh1981]

Thanks for the response. if his wife works takes job with US firm & moves outside country after 6 months in that US firm's worldwide location.. Will that still result in abandon of pending AOS

[pontevecchio]

Will the wife abandon her GC as you said she was leaving for ever? That would seem so. If she gets AP and then stays away for some time things may be possible. The concerned person should consult a Lawyer.