Can my husband leave now?

S

scattexas

Registered Users (C)
My husband got his green card which was applied via his current employer. Recently, things weren't going so well in his company and he is thinking about quitting. My 485 was under his, and it wasn't approved yet, I called last week and I was told I am stuck in name check.
Now, my questions are, does it has any effect on my 485 if my husband quit? I got EAD and advanced parole, can I apply them myself when they expire next year because his company's attorney used to do all these for us?

Thanks in advance.
 
scattexas said:
My husband got his green card which was applied via his current employer. Recently, things weren't going so well in his company and he is thinking about quitting. My 485 was under his, and it wasn't approved yet, I called last week and I was told I am stuck in name check.
Now, my questions are, does it has any effect on my 485 if my husband quit? I got EAD and advanced parole, can I apply them myself when they expire next year because his company's attorney used to do all these for us?

Thanks in advance.
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It's not wise to leave the company at this moment. There are two reasons:

1. Derivative is not yet approved.
2. It's good to continue with the GC sponsoring company for 6-8 months to avoid the problems at a later stage when you wish to apply for citizenship.

As always, you need to consult a good Immigration attorney to make any final decision.
 
First, I don't think your (dependent) application is linked to your husband's company sponsor GC at this stage caz he already got approved. Your GC is depends on his as suggested (Dependent)

Second, a lot of people confuse with the 180days rule (AC21) and one who gets the GC must stay there for at least 6 months. If your husband has been worked on an EAD and have the sponsor company for W2. you should be fine.
 
Thank you all

thanks for the advice everyone. So, this 180-days rule, it's start when on the receipt date or start with approval date? I guess I will have him stay put for a little longer.

Thanks again.
 
Here is my take!

I think this staying with employer after getting GC is bullshit. I am not sure how the USCIS can catch it if you leave right away after getting GC.

If AC 21 allows people to move around after 180 days after 485, I dont see why people can not move after getting GC. We already paid our dues.

Either way, I will take my chances. Just my 2 cents.
 
scattexas said:
My husband got his green card which was applied via his current employer. Recently, things weren't going so well in his company and he is thinking about quitting. My 485 was under his, and it wasn't approved yet, I called last week and I was told I am stuck in name check.
Now, my questions are, does it has any effect on my 485 if my husband quit? I got EAD and advanced parole, can I apply them myself when they expire next year because his company's attorney used to do all these for us?

Thanks in advance.
Click to expand...


Technically it should not have any impact on your GC if you are working with an independent lawyer (not your husband's company lawyer). Usually people prefer to stick with the same lawyer just in case if you have any RFE your current lawyer is aware of your case and it is easy for him to reply back. Even if (s)he is a company lawyer and you are able to pull up all the information of your and your husband's case, then any lawyer should be able to help you, god forbid, if you have any RFE. Usually company lawyers are less cooperative in disclosing all the informaion.

With your EAD you can take up the job and keep renewing it until you get your GC. Good Luck.
 
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