Switching Jobs during the Green Card Application Process

[Tani81 0]

Hello,

 

I (beneficiary)am currently on my H1B visa and in the process of applying for my green card through marriage. My husband(sponsor) does not meet the income requirements so I am planning to provide my income as financial support for my green card application. My income meets the requirements. In this case, will I be able to switch jobs while my application is being processed by USCIS or will I have to continue working at my current employer until I get my application results. 

 

Please advise and thanks in advance for your help!  

[OldUser 6,476]

20 minutes ago, Tani81 said:

My husband(sponsor) does not meet the income requirements so I am planning to provide my income as financial support for my green card application.

You cannot self sponsor. Your husband will be the primary sponsor, but you need to find a co-sponsor with eligible income.

 

It's best not to switch jobs while AOS is happening due to complexity. But you could. For that you need to undergo "H1B transfer", when your new employer needs to file a I-129F petition with USCIS after getting LCA approved from Department of Labor. Once it's all approved, you can work for new employer. It's best if you maintain your H1B status while your AOS is pending.

Edited December 1, 2022 by OldUser

[Tani81 0]

7 minutes ago, OldUser said:

You cannot self sponsor. Your husband will be the primary sponsor, but you need to find a co-sponsor with eligible income.

 

 

Sorry I meant this-

https://www.lawfirm4immigrants.com/marriage-based-green-card-income-requirements/

[Dashinka 24,375]

24 minutes ago, OldUser said:

You cannot self sponsor. Your husband will be the primary sponsor, but you need to find a co-sponsor with eligible income.

 

It's best not to switch jobs while AOS is happening due to complexity. But you could. For that you need to undergo "H1B transfer", when your new employer needs to file a I-129F petition with USCIS after getting LCA approved from Department of Labor. Once it's all approved, you can work for new employer. It's best if you maintain your H1B status while your AOS is pending.

I believe the beneficiary can fill out an I864A as a household member assuming the income continues, so I agree, probably best not to switch jobs until the GC process is over.  This way they can avoid searching for a joint sponsor.

 

Who May Be Considered a Household Member for Purposes of Form I-864A? For purposes of this contract, one or more of the following individuals may sign the Form I-864A as a household member if at least 18 years of age:

 

1. The intending immigrant, if the sponsor seeks to rely on an intending immigrant’s continuing income to establish the sponsor’s ability to support the intending immigrant’s spouse or children;

 

https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf

 

 

[OldUser 6,476]

@Dashinka technically yes, the OP can include their income but not 100% sure how this would work if they're changing jobs etc.

It's hіt or miss to make USCIS consider inmigrant's income or assets when filing I-864 / I-864A

Edited December 1, 2022 by OldUser

[Bajinga 136]

1 hour ago, OldUser said:

You cannot self sponsor. Your husband will be the primary sponsor, but you need to find a co-sponsor with eligible income.

 

It's best not to switch jobs while AOS is happening due to complexity. 

both of these advices are incorrect. OP can combine their income with the beneficiary as a household member. even if OP switches jobs it does not add complexity, they will just need to carry the updated I-864A including the updated information to the AOS interview. I know a few folks on H1B who have successfully combined their income for I-864 when adjusting status through US citizen spouse.

[OldUser 6,476]

24 minutes ago, Bajinga said:

both of these advices are incorrect. OP can combine their income with the beneficiary as a household member. even if OP switches jobs it does not add complexity, they will just need to carry the updated I-864A including the updated information to the AOS interview. I know a few folks on H1B who have successfully combined their income for I-864 when adjusting status through US citizen spouse.

IMHO this is subjective. To me switching employers on H1B alone is already complex enough. Add to that including immigrant's income into affidavit of support and switching jobs. There's a lot of things that can go wrong / slow down AOS. Definitely possible to pull off and ultimately OP will be forgiven even if falls out of status. What I'm suggesting is reducing all of these moving parts and making sure it's easy for IO to adjudicate the case.

 

 

[Dashinka 24,375]

32 minutes ago, OldUser said:

IMHO this is subjective. To me switching employers on H1B alone is already complex enough. Add to that including immigrant's income into affidavit of support and switching jobs. There's a lot of things that can go wrong / slow down AOS. Definitely possible to pull off and ultimately OP will be forgiven even if falls out of status. What I'm suggesting is reducing all of these moving parts and making sure it's easy for IO to adjudicate the case.

 

 

I don't disagree that switching jobs on an H1B can be complex, but being employment based it is generally handled by the employer.  I have a very close friend that switched employers on an H1B and for him, it was smooth, stopped working at first employer on a Friday and started working at the new employer the following Monday.

[Bajinga 136]

38 minutes ago, OldUser said:

IMHO this is subjective. To me switching employers on H1B alone is already complex enough. Add to that including immigrant's income into affidavit of support and switching jobs. There's a lot of things that can go wrong / slow down AOS. Definitely possible to pull off and ultimately OP will be forgiven even if falls out of status. What I'm suggesting is reducing all of these moving parts and making sure it's easy for IO to adjudicate the case.

 

 

I do not agree that switching employers on H1B is complex at all other than some rare edge cases. I worked on H1B for almost 10 years and switched multiple employers through the years. All of the legwork is done by the employers lawyers. generally employers will do the transfer using premium processing, so the transfer itself completes within 15 days. 

[Tani81 0]

Thanks for your input, guys. Appreciate it...