| Q. |
Situation regarding spouse's status
I am currently on H-1B visa. My EB2 ( India) greencard application has a priority date of Oct 2004. My wife is on an H-1B visa. I filed for her I-485, EAD and AP (derivative on mine) in Aug 2008 when my priority date became current.
Now my wife's company is shutting down and all employees will be let go. Will she be out of status the day she loses her job or will she still be in status because of her pending I-485 application? Will she have to file for her H4 visa right away? Can she start working when she gets her EAD even if she doesn't have her H4?
User's Location:
Santa Clarita, California, United States of America
Category:
Employment-based Green Card
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| A. |
Your wife will not be out of status if she loses her job and her current H-1B. If she has I-485 adjustment of status paperwork filed for her, she may remain in the U.S. as an adjustment of status applicant.
You may file for a change of status for her to H-4, but there may not be any need if she plans to work on her EAD. If she plans to work on her EAD, she may remain in the US as an adjustment applicant, work on her EAD and travel on approved advance parole.
H-4 status and work permission under EAD are totally separate. If she plans to work on her EAD, there is no need to change to H-4. She simply remains an adjustment applicant using her EAD to work.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
| |
Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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