Affidavit of Support - URGENT "gurus" please help

G

gcwait

New Member
I filed for my I-485 as the secondary applicant on my husband\'s application. I was working on a H1-b then and so my husband did not file a "Affidavit of Support" for me. We have received our EAD.

1. Will there be any problem in the I-485 approval, if I stop working (as the Affidavit of support was not filed on my behalf)

2. Can I change my employer on the Current EAD. If I change job will I have to renew my EAD with the new employer OR my husband\'s employer.

3. If I wish to get a new H1-B through the New Employer do I have to go outside the country and enter on the new H1-B OR just start working on the new H1-B.

Any help will be greatly appreciated
 
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1. Will there be any problem in the I-485 approval, if I stop working (as the Affidavit of support was not filed on my behalf)
ANSWER: If affidavit of support is required, INS will send a notice asking for it. Don\'t worry. They have already accepted your application, so anything that is required during adjudication will be notified to you.

2. Can I change my employer on the Current EAD. If I change job will I have to renew my EAD with the new employer OR my husband\'s employer.

ANSWER: Yes, you can change employers on your EAD. And you do not need a separate EAD everytime you change jobs. And it is not the responsibility of ANY company to renew your EAD. Some good companies get it done for you through their attorney. But it is basically your responsibility to renew your EAD. Remember, that for I-485, EAD and AP, YOU ARE THE APPLICANT. If you have an attorney doing your I-485, EAD or AP, then the attorney is simply representing you that\'s all (this attorney is most commonly a company\'s attorney). So it is up to you to get/renew your EAD. If your company co-operates by offering their attorney to help you in your EAD, you can use them. But it is not their responsibility to renew or get you an EAD.

3. If I wish to get a new H1-B through the New Employer do I have to go outside the country and enter on the new H1-B OR just start working on the new H1-B.
ANSWER: I do not understand why you need a H1 when you have EAD. I think you can not have a H1 if you already have an EAD.

Anyway, these are my answers based on my experiences. Consult an attorney before making any decision.
 
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HI, Kiran Hegde....
    I have a question about my wife\'s status. We just filed I-485 and my wife (as my dependent) is now in F-1 status. She will graduate in June, 2001. What I understand is once she graduates, she will lose her F-1 status if she doesn\'t apply for optional practice trainning which is not meaningful to her because she will get her EAD through filing I-485. With I-485 pending and her graduation, don\'t you think she should apply for H-4 as my dependent or H-1 for herself? If not, I am afraid that she will be out of status.
   Could you please give me some comments?
Thanks in advance!
ars99
 
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There sould be no problems because you had a job at the time of I485 application and therefore, you will not become public charge. EAD based on I485 has no restrictions. You can change your job as many times you like as long you have a valid EAD. As a matter of fact my wife changed her job recently. Like yourself, she was previously on H1B. You do not need to get a new H1B for changing jobs.

If INS can seek clarifications through RFE, you can not do anything at this point any way.

Just my $.02 worth.

UncleSham
 
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Here is what I believe is true (Remember, I am not an immigration expert):
Before your wife\'s F1 expires, if her I-485 application is accepted (along with yours) and you both get receipt notices, then you both have a "waiting for AOS" status (AOS = Adjustment Of Status). Then she is NOT out of status. It does not matter whether your wife has EAD or not. If she wants to work, then she must get an EAD (or H1) before she starts working. You can continue your H1 status. Your H1 will become invalid (even if it has a future expiry date) in two cases: 1) If you travel outside the country using AP. 2) If you use your EAD to get a second job. If your wife gets an H1 instead of an EAD, then she can continue using that H1 until she invalidates it by any of the above two methods. But having an EAD (instead of H1) gives more flexibility in looking for a job.

Good luck
 
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