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My wife and I are both working on an H1B. She is on academic H1B while I am on industrial H1B. I applied concurrently for Eb1b based 1-140/485. I have obtained EADs. My wife has got an industrial job offer and plan to start work on EAD and plans to apply for H1B through the new employer. I-140/485 through myself is pending and since there may be a chance of Eb1b based 140/485 denial she plans to apply for H1B also. Is she able to start work on EAD and apply for H1B? Would it matter to H1B if I-140/485 gets rejected before or after the filling. Or on other words would she be able to stop work for some time and file H1B if I140/485 gets rejected.
4 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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With such a complicated case, I assume that you already have an attorney to get you to this point. I prefer to use this free service for people who do not have an attorney.
Answered on Oct 26th, 2011 at 3:15 PM
Assault Attorney serving Richardson, TX
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You are allowed to have an I-485 pending concurrently with valid H-1B status. Your wife may work on the EAD through her I-485 as your dependent prior to the H-1B application being approved.
Answered on Oct 26th, 2011 at 2:52 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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If there is a risk of denial on the I-140, she can apply for the H1b. The key concern is that she does not want to accrue unlawful presence.
Answered on Oct 25th, 2011 at 8:06 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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She should apply for the H-1B to maintain her NIV status, and work with the EAD if absolutely necessary.
Answered on Oct 25th, 2011 at 4:53 PM