Dependent GC / Legal Status / Work authorization.

[mmanands]

Hello All,

I obtained my Green Card through EB1, but my dependent's application is still pending. Previously, she was working on an H1B visa. What should be her legal status now? She has an EAD, but the Green Card application is still pending. Is it possible for her to change employers using her EAD, or does she need to go through an H1B transfer? Please advise if anyone has encountered a similar scenario."


Thank you...

[newacct]

If she is still maintaining H1b status, then she is still in H1b status. If she is no longer maintaining H1b status, then she will have no status but can stay due to her pending I-485. She can work for the new employer either on H1b (if the employer is able and willing to do the transfer) or on her EAD. If she does it on H1b then she will still be on H1b status. If she uses her EAD then she will no longer be on H1b status but can stay due to her pending I-485.