Letting H1B lapse and working on EAD card from wife's family GC application

siddharthase08

New Member
Hello everyone,
I would really appreciate if I could get your inputs on my following questions -

My situation
Currently I am on my first H1B (valid till August 2020), working for my sponsoring employer.
My wife is on L1A, and I am a co-applicant on her Green Card application from her employer.
We filed our GC application in June, 2017, and had our interview in Jan, 2019 this year. However due to the retrogration of past applications currently in force, we have not received our Green cards yet.
Both of us have received I-765 EAD cards (which we have renewed this year) valid for the next 2 years. However the EAD cards do not include the advance parole, so it is mentioned "Not Valid for Reentry to the US" on the card.

I have two questions -
1. I am leaving my current job on 30th September. My next employer would not be sponsoring or transferring my H1B visa, so can I let my H1B lapse, and work on my EAD card (valid for the next 2 years) ?

2. My last day at my current employer is 30th September, can I travel to India for a short trip from 26th to 30th October (these dates are within a month of my quitting my H1B employer) and re-enter without any issues ? Or would it not be advisable to go and re-enter given that my H1B job is over, and I would subsequently work on my EAD card ?
I am in the process of applying separately for an Advance Parole document as well, but I am doubtful if I will able to get one before 26th October.

Thank you so much.
 
Since you are letting your H1B lapse & you are an applicant on derivative I-485, you should not leave country unless you have approved advance parole in hand. Since your departure date is too close you should file advance parole & walk down to local USCIS office & request interim advance parole before you leave country.
 
Got it .. thanks so much ! I will file for an advance parole document asap.

As for my question 1, do you think I would be fine staying and working on the EAD card ? Would I be rendered "status"-less when my H1B lapses and need a new status ? Should I file for a L2 visa ?
 
I believe if you continue to work for same employer as original H1B, you can have your employer petition H1B even if you enter on AOS (adjustment of status) pending.
 
Thanks. No I will not be working for the same employer as my H1B as I am changing jobs and will work off my EAD. My wife, whose company has filed our family based GC, would still continue to be in the same company though.
 
I don't think yours is a family based petition. Its an employment based petition & you are derivative dependent on that petition.
 
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