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If Primary uses EAD what would be secondary's Status

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  • If Primary uses EAD what would be secondary's Status

    I have received my EAD but wife's I 485, EAD and AP has been stuck for wrong fee submission. I am currenly in H1B and my wife is in H4.

    If I use my EAD my wife would be out of status. Is there a work around ?

  • #2
    If you use EAD, neither you nor your wife will be in H status. BUT, you both will be in "AOS pending" status, so she won't be deported or anything for as long as she has an I-485 filed.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Thanks.

      If I use my EAD and my wife needs to travel in and out of country what documents would she use?

      My wife's application was initially rejected due to apparently wrong fee but since then my company has refiled the application but USCIS says that they don't have anything new in the system. What might be the reason and what should we do?

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      • #4
        if you use EAD, your wife will be out of status until she has an i485 pending. She will need AP to travel. I would advise not to use EAD until you figure out and fix your wife's situation.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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