Two friends of mine, who are a couple, have some questions about
the legal status. I was wondering if you could kindly answer those
questions.
The hu*****and filed I-140 NIW last year. The case is in NSC now, and
according to the processing time it will be processed in 2-3 months.
They took the chance this past July to file I-485, and now the wife
has EAD, with a F1 close to end.
Their questions started with the concern that what if the I-140 gets
rejected in 2-3 months. Below is the list of their questions:
1. If the wife doesn't apply for H4 and use I-485 pending as the
status, will she lose the legal status if the hu*****and's I-140
gets rejected?
2. If the answer for the above question is "Yes", how long is the
grace period for her to regain legal status?
3. Is it possible for her to have both H4 and to work using EAD at
the same time?
4. If the answer for question #3 is "No", is it the case that whatever
gets approved second overrides the one that is approved first, or
is it true that when the EAD is approved first but is not used the
EAD is always valid within that year and the other status becomes
obsolete as soon as you use your EAD to work?
Thank you very much for your help!