Eligible to file I 485


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Hello friends,


I am writing this message for my wife who is eligible to file for I 485 under new visa bulletin.


Quick background:


My wife has approved I 140 and PD March 2011 making her eligible to file for I 485. She is five months pregnant and she just changed her status to H4 last month so she does not have to work. Of course, she applied for COS to H4 before October visa bulletin and new rules came effective !! H4 application is still pending as of today but she has quit working based on the receipt of H4.


I am in my sixth year of H1b, currently working as Cardiology fellow and I am dependent on her GC to be eligible to get seventh year or perhaps EAD !!


Her employer is asking her to join the company again on H1 and then only they will move forward and apply for I 485, strange but typical desi consultant, you know. They don't care, if she is pregnant, has to stay away from me and we have three years old as well. Her due date is February 2016.


Our plan: She goes back on H1b, work for couple of months say for example till December end, then go on medical leave till after delivery and post delivery. By the time, we both can get EAD, hopefully.


My questions for all you experts:


1. Can she join on H1b again, apply for I 485/EAD for her and me, work for couple of months and when she approaches her due date, take leave of absence ?

2. Is it ok to take leave of absence while I 485 in process?

3. How long she can be on leave of absence?

4. She is not eligible for medical / vaccinations due to being pregnant, can she still file for I 485 without vaccination? Will she get RFE for sure? Of course we will get letter from civil surgeon regarding that.

5. If we both get EAD, how long does she have to work for the same employer after getting EAD?

6. Can she quit working completely after getting EAD? What status she will be in provided I also get EAD.

7. If she quit working, can employer revoke GC process? When is considered "safe" for her to quit working so employer can not harm us.


I apologize for the long message. This is confusing for us. We are getting professional help too but I want you guys opinion as well. Thanks in advance.

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