H1B to H4 / EAD status . . . issues ?

Asked about 1 year ago - Austin, TX

My wife is currently working on her H1B visa . As a dependent on my Green Card application she also has a valid EAD card and Advance Parole documents . She is planning to quit job soon . Once she does that , do we have to file for any change of status ? What will be her status then ? AOS on pending I485 or we need to file for her change of status to 4 visa as a dependent on my H1B ( I have a valid H1B too ) ? Any other formalities we need to fulfill ?

Attorney answers (3)

  1. Erik CJ Anderson

    Contributor Level 11


    Lawyer agrees


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    Answered . Under current USCIS policy, an adjustment of status applicant with a valid EAD card can remain in the US and work irrespective of whether they hold/maintain a valid nonimmigrant visa. As a general rule, it is preferred that an AOS applcant continue to maintain valid nonimmigrant status, although it is not technically required.

  2. Akanksha Kalra

    Contributor Level 14

    Answered . You can file for your wife's change of status to H-4, if you wish, but she can remain in the U.S. lawfully as an "adjustee" as long as her I-485 application for AOS is pending with USCIS.

    Disclaimer: The information provided here is generalized and should not be relied upon as legal advice. This... more
  3. J Charles Ferrari

    Contributor Level 20

    Answered . Her status ends with her job. A change of status would need to be filed BEFORE her employment ends.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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