Root Law Group - Immigration Law Attorney Los Angeles

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Is my H1-B status affected if my spouse uses her EAD? When can my wife start working? Do I need to apply for an Advance Parole if my wife chooses to use her EAD even though I continue to work on H1-B? PDF Print E-mail

Q: Is my H1-B status affected if my spouse uses her EAD? When can my wife start working? Do I need to apply for an Advance Parole if my wife chooses to use her EAD even though I continue to work on H1-B? 

A: It does not affect the primary H-1B holder, however the H-4 spouse generally cannot be employed because employment is not permitted in this category under the regulations. The answer is different if the H-1B primary holder and his family have an approved Labor Certification/PERM and have concurrently filed the I-140 Petition For Immigrant Worker and all family member applications for all the Adjustment of Status. If the EAD was issued to the spouse as a result of filing her derivative Adjustment of Status Application she can then start working. Also, Advance Parole is available only where there is an existing Adjustment of Status Application pending in the employment-based immigrant visa context.
 

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5757 Wilshire Blvd., Suite 440
Los Angeles, CA 90036
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Orange County
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Irvine, CA 92606
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Redlands, CA 92373
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