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Thread: Jobless on EAD

  1. #1
    Join Date
    Mar 2006
    Posts
    33

    Default Jobless on EAD

    Hi guys,

    We are in a tricky situation and need the forum's help in figuring out our options.
    My wife and I are working on h1 right now. Both have got I140s approved. The previous employer of my wife has filed I485, EAD, AP for both of us. After 200 days my wife joined a new company on h1. We now have EAD which expires in April and the new company of my wife is applying for EAD extension. Please note that both of us are still on h1 and have not used EAD yet.

    Our kid is 1 year old and needs Moms attention at home. So my wife wants to quit the job and stay at home taking care of our kid's needs. What options do we have here?

    Questions:
    1. Should I have to get my wife on h4 for her to be in status? Or since she has pending I485, does she maintain legal status without the job?
    2. After say 6 months, can she get back to work on the new EAD, assuming I485 is still pending?

    Thank you in advance for reading this and the replies that follow.

  2. #2
    Join Date
    Oct 2012
    Posts
    156

    Default

    Since her current status is H1, she cannot continue without working. H4 seems to be an option. I think its better to get an advise from an experienced immigration attorney.

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