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Does primary need to take EAD for spouse to get EAD?

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  • Does primary need to take EAD for spouse to get EAD?

    I am on H1, and 485 is about to be filed. I want to apply for EAD for my wife, who too is on H1 (but she doesnt have PERM/labor of her own).

    My question - If my wife needs an EAD through my application, do I too need to convert my H1 into EAD or can I stick with H1 and apply for EAD only for her?

  • #2
    no she can get just her own EAD

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    • #3
      For what I knew applying EAD along with 485 is necessary and benificiary. For H1 holder is a MUST to replace your previous authorization allowing you to work with your current employer only (verify it from your lawyer), after submitting your 485 package in about 2-3months you will receive your approved EAD and you now can get SSN. Doesn't make sense for kids?...you can get a bigger exemption in your tax if your dependents have SSN compare to TIN!

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      • #4
        nope rules have changed you can keep your H1 status after filing I-485 . as long as you work for the H1 employer only if you want to work for multiple employers then you need EAD.

        As for tax unless you have been doing your taxes all wrong it does not matter if you are using ITIN or SSN.

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