Legal Status in US after Using EAD

[mbasense]

Gurus,

my wife is working using her EAD(previously on H4), and I am still on H1B. What happens to her status if she decides to quit and stay home? How does it affect her immigration status, if at all?

Thanks for your help.

[nupami]

I don't think you wife’s status will change if she quits and stays at home. EAD is just a work permit not an 'immigration status'.


Gurus,

my wife is working using her EAD(previously on H4), and I am still on H1B. What happens to her status if she decides to quit and stay home? How does it affect her immigration status, if at all?

Thanks for your help.

[manzoorraza]

Nupami,

That may not be true. The way I see it is that it cannot be any different from H1 where if you use EAD your H1 becomes void.....it will be the same for H4 as well. Though it is not neccessary for a dependent on EAD to be employed constantly to maintain status like it is for the primary applicant so mbase doesnt need to worry about it.



I don't think you wife’s status will change if she quits and stays at home. EAD is just a work permit not an 'immigration status'.


Gurus,

my wife is working using her EAD(previously on H4), and I am still on H1B. What happens to her status if she decides to quit and stay home? How does it affect her immigration status, if at all?

Thanks for your help.

[mbasense]

Though it is not neccessary for a dependent on EAD to be employed constantly to maintain status like it is for the primary applicant so mbase doesnt need to worry about it.

thanks manzoorraza, Nupami, in that case, if my wife does leave her job, her status will be a parolee, or does she go back to H4?

[suninphx]

thanks manzoorraza, Nupami, in that case, if my wife does leave her job, her status will be a parolee, or does she go back to H4?

AFAIK - your wife will be in 'pending AOS' status. Also , if you are using EAD for work- there is no need for continuous employment, even for primary.

[nupami]

mbasense:

as suninphx rightly pointed out, your wife's status would be "Pending 485/ AoS".
Once you have an EAD you don't have to worry about your status as long as you have a valid EAD card. If you are on "Pending 485/ AoS", the only event that will make you out of status is I485 rejection (highly unlikely).

Also, keep in mind that if she goes out of the country and comes back on a valid H4 visa stamp then her status becomes H4. If she comes back on AP her status would remain "Pending 485/ AoS".


AFAIK - your wife will be in 'pending AOS' status. Also , if you are using EAD for work- there is no need for continuous employment, even for primary.

[mbasense]

thanks everyone.