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Posted

My husband and I are trying to start the process of the adjustment of status for myself (from F1 visa to permanent residency). We are both working, but aren't happy with our current job.

-Once we submit the application, is it possible to change employers? Or is it recommended to get another job before we start the process?

-We filed our taxes jointly. Does it mean that both incomes need to be included in the application?

Posted (edited)

The USC is free to change employers anytime and for any reason. You must still follow the terms of your existing work authorization...at least until you get an EAD. Then you can work anywhere. Be sure to file for AP (I-131) + EAD (I-765) with your AOS application. There's no extra fee involved in this circumstance.

That said, what matters is current income + evidence of said income. If the sponsor changes jobs after filing and they request an updated I-864 (i.e. at the interview), he will need to show this via the new job.

 

You likely cannot include your income from F-1 status with the I-864. Another user a few days ago got an RFE for this which stated they will accept the income from certain classifications. See below.

 

Since you jointly filed taxes, you will send the tax transcript for at least the most recent tax year. You will also send evidence of your current income, such as pay stubs and an employment letter.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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

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