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Posted on 16 Feb 2010
Q.

Use of EAD while spouse's COS is pending from H4 to F1

Let's say I am given lay-off notice while employed on H1B. I have say two weeks. So, I'll be on current company's payroll for next two weeks on H1B. My wife is attending school to do her Masters on H4 - as part-time student. I file her change of status application from H4 to F1 while I am still on H1B. Two weeks later I get an offer from another employer but requires to start on EAD. My wife doesn't have EAD. The day I use my EAD, my H1B has no meaning whether current employer revokes it or not. At that point, will my wife be out of status while her COS is pending? Does she need to be "in-status" till her COS gets approved? In other words, can I accept a job on my EAD without affecting her COS application?

User's Location: Houston, Texas, United States of America
Category: H1B Visa (Work Visa)
Posted on 17 Feb 2010
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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