Plans after PD becomes current and responding to RFE based on EB-2 India I-485 adjustment of status
Hello sir,
I am seeking your advice for possible scenarios after my PD becoming current in July 2020 and responding to RFE based on EB2 India I485 adjustment of status. Background: I am the primary applicant and my wife is derivative of EB2 India based adjustment of status application. We both have EAD and we both also maintain parallel H1Bs with our respective employers.
My EB2 India priority date became current in July 2020 and I sent the paperwork (Supplement J, medical, and other forms) to USCIS in July 2020. Since then, the only thing I have received is a notice from USICS is I797 notice of action for I485 Supplement J and Notice Type: Receipt Notice Fee Waived. I have not received the approval of Supplement J or anything else. We are having to apply for our EAD renewals in the meantime and drivers’ licenses will also need to be renewed. This was 3rd time responding to USICS with medical tests, job letter/Supplement J, etc. while waiting for our green card.
Since I don’t know how long it may take for USCIS to make a decision or if I have to file all paper work again if 1 year expires (since medical forms are only valid for 1 year), and since there are good opportunities for both me and my wife for better jobs, I want to know our options to switch jobs: For myself:
After responding to RFE, while waiting for a response, do you recommend switching or wait it out until I receive a response? My new employer may not be willing to file for H1B transfer and I have already used all 6 years of H1B (kept filing extensions since the last 10 years waiting for PD) so I will only have my EAD.
If you think it’s okay to switch now, is it okay to switch a job which is not in the same state /nearby state (move from East coast to West coast)?
If/when I switched (same/similar occupation, better salary) should I file another Supplement J proactively?
Do I need to do anything else or any other risks I need to keep in mind?
Hypothetically -- After I received my Green Card, how much ‘wait time’ is typically recommended before it is safe to switch jobs? And does that have to be in the same/similar occupation or can I switch to other field of work/ start a business – without any impact on the eventual Citizenship process?
For my wife:
I believe since she is my derived beneficiary, she has more flexibility to switch and she can switch. If this is not accurate, please let me know?
My wife got her H1B approved only in 2020 quota so she is still in year 1 of H1B. If her new employer is not willing to transfer H1B right away, can she still ‘activate’ H1B at a later date, if/when the new employer is convinced to transfer – this is so she has a parallel H1B status in case the adjustment of status ran into any issues.
Anything else my wife needs to keep in mind? Thank you for your time.