Q: If my wife uses EAD (based on pending I485), what will happen to my H1 status?
My I-140 (EB2-NIW) got approved. My wife and I both received combo (EAD and AP) card. Our I-485 is pending. Right now I am working on H1B visa and my wife is on H4 visa (not working).
First question: If she uses the EAD/combo card to work, do I also have to use the EAD/combo card to work (I am not changing jobs) or can I still work on H1 status? I understand that if my wife uses EAD card, her H4 status will get invalid. In that case, I’d like to know what’s going to happen to my H1 status.
Second question: If I have to use the combo card, do I have to fill up a new I-9 form (no change in job)?
Thanks!
Khan
A: No you do not have to use the EAD card to continue on your H1b status. While you wife cannot work on H4 status, she can use her EAD while she is waiting for her green card to be approved.
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