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Both spouses on H1B; got EAD. Spouse change jobs?
- Thread starter jmlml
- Start date
I don't understand your question -- anyone can change jobs anytime provided they meet AC21 guidelines - it does not matter if you have EAD or not.jmlml said:My wife and I are on our company's H1B. We applied separately and one of us got EAD approved. Can other spouse change jobs now? Please advise
Are you saying that someone eligible to change jobs under AC21 can do so without an EAD? If so, what evidence do they use when completing an I-9 for the new employer.max2k1 said:I don't understand your question -- anyone can change jobs anytime provided they meet AC21 guidelines - it does not matter if you have EAD or not.
TheRealCanadian
Volunteer Moderator
dms said:Are you saying that someone eligible to change jobs under AC21 can do so without an EAD? If so, what evidence do they use when completing an I-9 for the new employer.
Whatever other employment authorization you may have, like an H-1.
dms said:Are you saying that someone eligible to change jobs under AC21 can do so without an EAD? If so, what evidence do they use when completing an I-9 for the new employer.
I-9 lists all of the applicable documents to prove employment eligibility - you can use anything from that list.
Let me clarify:
I have H1B with company ABC. My spouse has H1B with company XYZ. We are both applying for our green cards (separate processes) through our companies. My process is going much faster than my spouse's, and we got my I-140 approved, and already did fingerprints. We even received Employment Authorization Cards (EAD) through my application process. My lawyer says we need to wait 180 days until -140 was submitted to change jobs. My question is if this necessarily accurate, or can my wife change jobs with my EAD (which automatically validates her) without changing H1B.
I have H1B with company ABC. My spouse has H1B with company XYZ. We are both applying for our green cards (separate processes) through our companies. My process is going much faster than my spouse's, and we got my I-140 approved, and already did fingerprints. We even received Employment Authorization Cards (EAD) through my application process. My lawyer says we need to wait 180 days until -140 was submitted to change jobs. My question is if this necessarily accurate, or can my wife change jobs with my EAD (which automatically validates her) without changing H1B.
TheRealCanadian
Volunteer Moderator
jmlml said:Let me clarify:
My lawyer says we need to wait 180 days until -140 was submitted to change jobs. My question is if this necessarily accurate, or can my wife change jobs with my EAD (which automatically validates her) without changing H1B.
If your wife is a derivative beneficiary of your application, she is able to change jobs whenever she likes, or not work at all. Keep in mind that unless her I-485 has been filed, switching jobs will most likely close the door on her own GC sponsorship, and the two of you will be dependent on your process.
That may be something to consider, buf if you don't believe that will cause a problem, she is free to do whatever she wants.
If his wife is not a derivative beneficiary of his application, can she change her job? How should she change her job without affecting her H-1B and I-485? Do you know it?TheRealCanadian said:If your wife is a derivative beneficiary of your application, she is able to change jobs whenever she likes, or not work at all. Keep in mind that unless her I-485 has been filed, switching jobs will most likely close the door on her own GC sponsorship, and the two of you will be dependent on your process.
That may be something to consider, buf if you don't believe that will cause a problem, she is free to do whatever she wants.
TheRealCanadian
Volunteer Moderator
immiq said:If his wife is not a derivative beneficiary of his application, can she change her job? How should she change her job without affecting her H-1B and I-485? Do you know it?
If she's the primary applicant on her own I-485, she should wait until after 180 days have passed since her I-485 filing. That keeps their options open.
But she may not want to wait but change her job right away. How should she do and what the consequence will be? Do you know it?TheRealCanadian said:If she's the primary applicant on her own I-485, she should wait until after 180 days have passed since her I-485 filing. That keeps their options open.