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Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12049
Experience:  10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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My wife has an EAD. I just graduated with an MBA (F1 visa)

Customer Question

My wife has an EAD. I just graduated with an MBA (F1 visa) and in the process of job search. I believe I have 60 days from graduation to find a job and apply for my H1-B. So my 60 days ends on October 19th, 2011. I was wondering if I am not able to file for my H1 by Oct 19th, can I change to a dependent visa? Not sure if there is any kind of dependent visa status if the spouse is on EAD? Please clarify.
Submitted: 6 years ago.
Category: Immigration Law
Expert:  Georgetown Lawyer replied 6 years ago.
Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience...What was the underlying visa for your wife before EAD?
Customer: replied 6 years ago.
My wife was on an H1-B and filed for her Greencard under EB3 category in 2004. She has been on her EAD for over a year now.
Expert:  Georgetown Lawyer replied 6 years ago.
why did she not continue extending the h1b? what happens if her green card is denied?
she will be in a serious mess. in any event, there is no dependent category for EAD. if she had continued the h1b as she should have to be safe then you could have gotten an h4 at this time, but since she did not, you will have to find your own status or leave the u.s. until you can get a visa to return on or until her i-140 priority date is current and you can file to adjust status along with her. I hope this helps clarify.

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Customer: replied 5 years ago.
Another question:

In my earlier question I had mentioned that my wife is on a EAD. She is a contractor so she moves between projects (through her parent company).
So when on EAD, can she also sign up for independent consulting projects as something extra other than her primary project she is doing now.

She wanted to be able to take on some extra 10-15 hours of short projects just by herself and not through her parent company. Will she need to register a company to do that or how would it work?

Thank you