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    bbspeterlee Posts: 36, Reputation: 1
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    Mar 9, 2016, 09:36 PM
    H4 EAD Directly Applying for Green Card or Do H1B
    The Husband
    Name: HH
    Position: Sr. Software Engineer in a big company
    Current status: H1B Holder, with I-140 Approved, waiting in the long China/India queue for I-485


    The Wife:
    Name: WW
    Position: Working in a company (looking for an employer who can sponsor Green Card or H1B)
    Current status: H4 EAD that will expire in 3 years.


    Our purpose:
    Since HH is already in the Green Card process (PERM and I-140 are done), it seems there is no need for WW to apply for Green Card or H1B.
    As you might have figured out, however, the couple wants to be double ensured. For example, for some unexpected reason, HH loses his job, WW's H4 EAD will be invalidated immediately, and the couple has to leave the country within a month if no new job is found by HH.


    Our questions are:
    1. In order to be double ensured, should WW find an employer who is willing to sponsor Green Card or H1B? (H1B has the quota/lottery issue)
    2. Can the H4 EAD holder (HH) directly apply for Green Card? If so, in which phase (PERM/I-140/I-485), WW does NOT need to depend on HH (H1B/I-140 holder)? (so that even HH loses his job, he can in turn depend on WW)
    3. If HH applies for H1B, does her H4 EAD get invalidated immediately or it can co-exist with her H1B status?

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