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Posted on 01 Feb 2010
Q.

Employment on pending I-290B

On H1B, dependents on H4, all to expire on June 30, 2010. Concurrent petitions for I-140 EB1A and I-485s denied and I290B filed, case transferred to AAO. Wife offered a job based on EAD (expires in mid 2011). Although I290B not filed against her denied I-485 petition separately, her I485 has been transferred to AAO together with the principal applicant’s I-140 EB1A and I-485 petitions. 1. Is she (or I) allowed to work on the current EAD while the I290B is pending? 2.If yes, what will her/my status be? H4/H1 or pending AAO decision? If it is the latter, does she (or we) need to leave and reenter the country on a new or extended H1/H4? 3. Will we be overstaying beyond June 30 should we not get a new or the current H1(H4s) extended and not leave the country and I290 decided at later date?

User's Location: Little Rock, Arkansas, United States of America
Category: Employment-based Green Card
Posted on 02 Feb 2010
A.
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Elizabeth Chatham
Immigration Lawyer
Elizabeth Chatham, PLLC
(602) 759-1880

www.chathamlegal.com

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