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Discussion Forums: I-485
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Topic: Using EAD as a dependent having h1 status
Posted by pnathani (32) 19 Jul 2008
Hi my wife is on H1B and I filed 485 as my dependent.She is fed up with her current employer and thinking to move on.
Though my PD is EB3 April 2001 , I dont see 485 approval will come any sooner with in next 12 months.
She is thinking to use her EAD so what is the process.
Do we have to inform USCIS? How to switch from H1B to EAD?
Also what is she dosent wanna work for few months? How to initiate EAD and not join another job?
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Posted by may2003 (746) 19 Jul 2008
In case 485 is filed, even she leaves the H1 job, she will not go out of status, because she is already under "Adjustment of Status". Thus if she is fed up with current job, just stop working.

How to use EAD? Just join a company, and tell that she has an EAD. They will fill up a form, and keep it with them. That's it. You need not to do any other thing. She will be either getting "pay stub and W2" OR form 1099, which is details of remunerations paid to her. This will be proof with you that she was employed on EAD. You can browse on form 1099 on google (employment related only).

I don't think that you are required to inform to USCIS.

If she does not want to work, be at home. But you can't CHANGE OVER TO EAD without working on it.

please note that I am not a Lawyer, and what over I have written above is based on the facts which I have gathored on forums.
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