H1B to EAD through spouse

[nithyaanandk]

Hi,
Before our wedding my husband applied for GC. He got his EAD but his I140 is not approved yet. I'm on H1B and in the meantime I would like to join the process to get an EAD.
1) When will I be able to join his application?? Should I wait until his priority date becomes current?? if thats the case won't he get his GC immediately before I join him??

2) I took a break for our wedding and my recent paystub is from Jan 2008. Will it be a problem if I try to transfer my H1B now with Jan 2008 paystubs? If RFE comes can I say I took a break for my wedding?? Is it a reasonable answer??

Please reply,
Thanks ,
Nithya Krishnanandam.

[txh1b]

1. You can only be added when his PD is current as a derivative. If he gets his GC before the PD becomes current, you are on your own to get your GC and can no longer inherit his PD. You can pursue it through your employer or family based petition (loooong wait) or after your husband becomes a citizen.

2. What do you mean by taking a break? Unpaid vacation? It will be an issue if you try to transfer now as USCIS will interpret that as benching without pay situation.

[nithyaanandk]

Thanks a lot.