I140 - Spouse Status

[sankar1969]

Hello Sir,

I am in H1 and my wife is in H1 ( change of status from H4 last year). Both of us have EAD and AP. She is going to use EAD next week, as She did not like her employer.
Question1. Does she need to notify USCIS if she is planning to visit India and use AP while returning (Staying a month +)?
Question2. Since my I140 is pending approval, What will happen to her status if some thing goes wrong to my I140? ( Filed July 2007)
Question3. What would be my status if my I140 goes wrong, as I am in H1 now? and what would be if I am using EAD in this situation?

Thanks a lot in advance. This will answer many people's question, I believe, since so many people are in this situation.

Regards,
Sankar.

[txh1b]

1. No.
2. She becomes out of status as the basis of AP entry is a pending I485 and if your I140 is denied, she is no longer a parolee as her 485 will be void as well as yours.
3. You will remain on H1b. If you use EAD/AP, both of you will be out of status in the event of a I140 denial. You can depart the US immediately and re-enter on the H1b/H4 if those are valid and the sponsor has not cancelled the H1b.

[sankar1969]

Thank you very much. Appreciate your time and great work!

-Sankar.