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Filed: H-1B Visa Country: India
Timeline
Posted

Hi all,

My husband is a US Citizen and we just filed my I-485 two weeks ago, along with an application for an EAD and Advanced Parole document. The I-130 is already approved. I am currently on a H1-B visa. My questions are:

1. While I am waiting for my green card, can I switch employers? I expect I will receive my EAD in the next 2-3 months. Is it ok for me to change my job once I get my EAD?

2. Now that my status is I-485 pending (AOS), can I leave my job i.e. let go of my H1-B status? This would mean that I would be in AOS status - is that legal? Are their any risks involved?

Thanks for all your help!

Posted

1) Once you have your EAD (which will be in the C-9 category) you will be able to switch employers at will.

2) Yes, but there are advantages to retaining your H-1B status, namely you can leave the US without needing to apply for Advance Parole and be re-admitted on your H-1B, even while your AoS is pending.

Something to consider before you decide to burn the H-1B bridge.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

*** Moving from AOS from Family Visa to AOS from Work Visa forum ****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Timeline
Posted

1) Once you have your EAD (which will be in the C-9 category) you will be able to switch employers at will.

2) Yes, but there are advantages to retaining your H-1B status, namely you can leave the US without needing to apply for Advance Parole and be re-admitted on your H-1B, even while your AoS is pending.

Something to consider before you decide to burn the H-1B bridge.

But the EAD and AP are likely to come together, so by the time he can use EAD, he will also have AP and can leave the US.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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