Change of status after using I-485 EAD

[vpratap397]

Hello,

I am going to apply for EAD while filing I-485, both for myself and my wife. I am the primary applicant, and currently on H-1B status. I would like to know after getting the EAD card, in a situation where my wife gets a job offer and she uses the EAD to work, she'll loose the H-4 status and her status will be on the pending I-485. Does in that case, my status automatically changes to pending I-485 or will I still remain in H-1B?

Thank you

[newacct]

You will still remain in H1b status

[vpratap397]

Thank you newacct . I wonder if later I-485 gets denied then she'll loose the status, but does she has a some kind of protection based on being the immediate family member? I read this somewhere or is that for only US citizens?

[newacct]

Thank you newacct . I wonder if later I-485 gets denied then she'll loose the status, but does she has a some kind of protection based on being the immediate family member? I read this somewhere or is that for only US citizens?

She loses H4 status the moment she uses the EAD to work. However, she can stay in the US without status because she has a pending I-485. If the I-485 is denied, then she can no longer stay in the US. I am not sure what you mean by "protection". Are you asking whether she can re-file I-485?

[vpratap397]

She loses H4 status the moment she uses the EAD to work. However, she can stay in the US without status because she has a pending I-485. If the I-485 is denied, then she can no longer stay in the US. I am not sure what you mean by "protection". Are you asking whether she can re-file I-485?

Well, one of the question is whether and when she can refile? I think I was talking about the family based I-485 for spouse of a green card holder or a US citizen.