ead or h-1b

[Johnimmihelp]

Hi, everyone!!

I am struggling to figure out if my wife should apply for EAD with me or keep her own H-1b. Please help!!

Keeping my wife's H-1b may benefit if I am laid off during the I-485 application. (is this correct?) We can still have a H status. I am preparing for I-485 application. Both my wife and I are on H-1b.

Does her H-1b become invalid if she have EAD? Is it possible that she has both EAD and H-1B, but the EAD can stay inactive? In that case, she still use H-1b unless she activate the EAD?

Does she have to apply EAD with me if she want to file I-485 with me?

Can she apply EAD later if she does not apply now?

Thanks in advance for your help.

John

[senthils]

RE : ead or h-1b

Does her H-1b become invalid if she have EAD? Is it possible that she has both EAD and H-1B, but the EAD can stay inactive? In that case, she still use H-1b unless she activate the EAD?

Answer : H1 becomes invalid only if you use your EAD. In other words, you put your EAD information in an employer's I-9 form.

Does she have to apply EAD with me if she want to file I-485 with me?

Answer : No its not mandatory. But I would advise go for it and keep it inactive. EAD is a boon since it can be used.

Can she apply EAD later if she does not apply now?

Answer : Yes, at any point in the AOS.

[jl1029jl]

Re: RE : ead or h-1b

senthils,I have a question:
If I use AP or EAD,I will lose H1 status.Can I reapply H1 in case I will not be out of status if 485 is rejected?Any comments?