H-1 visa, EAD, H-4 visa

[immigSC]

Hello Sirs/Madams,
I have been on H-1 visa and have also received my EAD. I recently got married in India. My wife is waiting the administrative processing to complete(221(g)), and possibly receive an H-4 visa.
There is a possibility of a layoff occuring at our company in about 3 months from now.
If my wife comes here on H-4 and i get laid off, what options would i have to search for a job.
Can i work on EAD while she remains here?
How/at what stage could i add her into my I-485 process? Are there any options that could be suggested?
Thanks a lot.
Srincerely,
Naresh

[txh1b]

You cannot work on EAD as that would put you as a parolee which makes your wife lose her H4 status. You have to maintain H status at all times until you can have her 485 filed when your PD is current.

[immigSC]

thanks and a follow-up question...

Thanks txh1b. Is it possible that, I could start working on EAD and send my wife back to India and when the PD becomes current, is there any way to add her to the GC process? I apologize for the multiple questions, but wanted to know all the options available.

[txh1b]

How will she enter when the PD becomes current? For AOS filing the person has to be in the US. For CP, she can be anywhere. If you go with CP for her and AOS for you, you are complicating things for yourself. The PD could retrogress right after the CP is filed and the possibility of you both not being together for a long long time exists.

[immigSC]

Thanks

Thanks txh1b for your prompt response.

[immigSC]

Question about GC process and H-1B

I currently hold an EAD and AP approved in 2007. In case i change employers and get an H-1B visa with my new employer, do i have to reapply for labor/I-140 adn the whole GC process or would a filing of AC21 suffice? Thanks.

[txh1b]

Read about AC21. New job should be same/similar and your I140 should be approved.