How do I approach my Pending 140-485? 7 Answers as of October 26, 2011

With such a complicated case, I assume that you already have an attorney to get you to this point. I prefer to use this free service for people who do not have an attorney.

You are allowed to have an I-485 pending concurrently with valid H-1B status. Your wife may work on the EAD through her I-485 as your dependent prior to the H-1B application being approved.

If there is a risk of denial on the I-140, she can apply for the H1b. The key concern is that she does not want to accrue unlawful presence.

She should apply for the H-1B to maintain her NIV status, and work with the EAD if absolutely necessary.

Since your immigration strategy is apparently directed by company attorney's who should have discussed the options available to you, I would defer to your current counsel's assessment of your and your wife's situation. If you desire an independent opinion, then you need to hire an immigration attorney to review your documents and give you a detailed assessment.

Unfortunately, your question is not very clear. Both you and your wife are eligible to work in the United States so long as the employment authorization is valid. This is not necessarily the date on the card itself, but rather the length of the accompanying visa and/or application for adjustment of status. When you and/or your wife would have to stop working or run the risk violating the law depends upon what basis the EAD was issued. Assuming you are working with an EAD issued from the adjustment applications, the document should be valid until the application is decided. Once the application is decided, she will either lose the right to work or she would be granted residence and not need the EAD anymore. An EAD based upon a pending I-485 automatically terminates on the date the application is decided despite the expiration date on the card. The termination language is included in the denial. Also, any denial requires you to depart within so many days. It would be in your interest to have the H1B visas as a backup to help make sure you have no lapse in employment authorization or do not have to depart or risk accruing unlawful presence.