Can one get his wife on EAD

[phoenix343us]

Hi

I got my EAD in Oct, 2007 and AP in Dec, 2007. My H1B expired on Sept 2007. I have been on H1B for just 3 years, so I can get extention for another 3 years, for which I applied in July 2007, under normal process. I got an RFE on my H1B in Dec, 2007, for which I provided the evidences. My status now says its pending, they have not taken any action on my application after I send the evidences. So I got my H1B on premium today, as its been almost 11months since I applied for it. I know I have EAD so I can work using that. My employers says that my H1B extn might be rejected, which I dont understand why they would do so, I have been on projects since I came here and never have been on bench, plus I have a degree from IIT, so they cant reject me on my skills and educational degree.
What other reason can be for H1B extn denial?
If H1B is denied is there any way I can appeal and get it?
If my H1B is denied and I start using my EAD to work, and then get married in India, before my I485 is approved, how can I get my wife here as a dependant? Is there a way to get your wife here if you are on EAD?

[txh1b]

Denial could be for various reasons associated with the filing date, wrong information, lawyer messing up things, employer not answering RFE etc.

No, you have to be on H1b all the time till your spouse applies for her I485 for her to legally enter US and remain in US as a dependent. She can choose to maintain her own status like F1/H1/L1 or any other visa which is not dependent on yours and then you can use your EAD.

H1b denial can be appealed but you cannot work during the appeal and there are risks associated with it that requires you to seek professional help. You could accumulate unauthorized presence during the appeal if it gets denied which will result in a 3-10 year ban. However, as a parolee, your situation could be different and you can legally remain and work with your EAD which would not enable you to bring your spouse as a dependent.

It is a catch 22. You can apply for a H1b based on CP, use your EAD for now, get the CP H1b approved and get a stamp and re-enter back on H1b status which can give you a chance to bring in a dependent again. Talk to a lawyer.

[phoenix343us]

Thanks for your reply. It was really of help. More clarification from other people would be appreciated. Thanks