EAD dependent

[gcfever]

Hi, I am going to start working on my EAD and cancel my H1-B status. My wife will loose her H4 as I start working on my EAD. The question is about my wife status once I start using my EAD. can she stay in USA legally or is she out of status once I start using my EAD? please suggest. Thanks in advance for your reply.

[txh1b]

Has she already applied for I485 and is pending? If so, she becomes a parolee. If not, she becomes illegal.

[gcfever]

Thanks Txh1b, yep, she has her I-485 pending, thus if I understood you correctly then she will have her legal status even if I start using my EAD.

[txh1b]

Thanks Txh1b, yep, she has her I-485 pending, thus if I understood you correctly then she will have her legal status even if I start using my EAD.

Yes. Both of you become parolees and can travel outside with the approved AP. Also look into AC21 use notification for the new employer if it applies to your case.

[gcfever]

Thanks Txh1b. I am not going to leave the present job, it is just the part time opportunity at other place using my EAD and hence probably AC21 portability should not play much role? Any thoughts on that.

[txh1b]

You should also use the EAD to work in your current job if that is the case. No H1b + EAD combination allowed. It is just a matter of filing a new I-9 with the new proof.