EAD/AP for spouse if I loose job

[desiguy]

Hi,

My wife and I are on EAD + AP and both of us work in US for different employers. My employer is doing the AOS filing for both me and my wife. That's how my wife got her EAD and AP and found a job - her employer is not involved in filing the AOS petition for her, it is all through my employer.

Now, if for some reason I loose my job or if I decide to quit voluntarily, i know my EAD and AP will become invalid. But:
1) Can my wife continue to work?
2) If not, what would we need to do enable her to continue to work uninturrepted and travel regardless of my employment status and presence in US?

Thanks

[txh1b]

You lose a job not loose it.

If you use AC21 and change employer after 180 days of AOS filing, the AOS gets processed as is if the job is similar to your labor filing.

1. If above is true, she can continue
2. She has to get her own H1b or GC if she wants it to be independent of your job.

[desiguy]

EAD/AP for spouse if I lose job

Hi,

Thanks for your reply and also for correcting my spelling mistake.
So, assume I am unable to find an employer and have to go back to India. In that case
1) Can my wife continue to work becase she has a vaild EAD and AP even though she got it courtsey of my current employer?
2) Is there a way her current employer can take over her AOS application at its current stage rather than having to file a fresh H1B or GC/AOS.

Thanks

[txh1b]

Tha basis for EAD and AP is your employment. Technically speaking, GC is for future employment. Meaning, at the time of approval of the GC or an interview, you need to have a job that is same/similar to your labor.

1. Your wife did not get it on the courtesy of your current employer. She rather got it as she is YOUR dependent. She can continue to work until your I485 gets denied which will automatically deny hers. If you plan on abandoning your intent to reside permanently in the US and leave US without a proper AP, then it is arguable that her 485 has also been abandoned due to you changing your intent.

2. No because it is not employment based. If she got the EAD/AP just the way you did, she could possibly have used AC21.

[stephan]

Hi,

Just I want to clarify below things ..

01). I have got my EAD and my wife too, but I am not using my EAD and I am still using my H1B. But my wife H1b has got expired, she is being using EAD since then ..Is there any problem by using that ...or do I have to inform USCIS.

GC is on on my name ..Please clarify me.