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Me and my wife are currently on H1-B (both of us have around 3 yrs left to complete our 6 yr term). I filed AOS (I-485) and EAD during the last August rush (Filed my wife as a dependent). Both of us have received the EAD cards and the I-140 and I-485 still remains pending.
My wife has found a full time position, which she is interested to pursue using her EAD. On the other had I would like to stay with my consulting firm until I get through the GC process. My questions are:
Please let me know if anyone can answer my questions.
My wife has found a full time position, which she is interested to pursue using her EAD. On the other had I would like to stay with my consulting firm until I get through the GC process. My questions are:
- Would she be able to keep her H1-B status, after she starts working on her EAD. I know that if she uses her AP at the Port of Entry, she would be considered a Parollee. Would she be able to return back to the US on her H1-B status,since she has a valid H1-B visa on her passport until 2011.
- If she takes up the job on her EAD and for some unfortunate reason my I-140 gets denied, would she go out of status? Can she get back on to her H1-B status since she has time left on her H1-B. What else could be done in such kindoff situation, to bring someone back to legal status.
Please let me know if anyone can answer my questions.
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