Change of Employer

[VI485]

Hi everyone,

I have applied for 485 in Jan 05 along with EAD and AP. Both EAD and AP got approved in March 05 and FP was done in March. I140 is approved (PD May 6, 2004 ) . Both myself and my wife are on H1B Visas. My wife would like to quit her job as she is not happy with her current employer. She also has a approved EAD and Ap

My questions are:

1. Before she quits her job do i have to apply for her H4 based on my employment? or if she quits just like that will she be out of status or does the EAD and AP comes into effect?

2. Will it be a problem in the future during GC approval or interview?

3. Are there any other options?

Please post your comments.

Thanks
VI485

 

[Want GC Soon]

Hi everyone,

I have applied for 485 in Jan 05 along with EAD and AP. Both EAD and AP got approved in March 05 and FP was done in March. I140 is approved (PD May 6, 2004 ) . Both myself and my wife are on H1B Visas. My wife would like to quit her job as she is not happy with her current employer. She also has a approved EAD and Ap

My questions are:

1. Before she quits her job do i have to apply for her H4 based on my employment? or if she quits just like that will she be out of status or does the EAD and AP comes into effect?

2. Will it be a problem in the future during GC approval or interview?

3. Are there any other options?

Please post your comments.

Thanks
VI485

Hi VI485,
Here are answers for your questions:
1. After one applies for 485, they are not out of status, and they are in adjustment of status. Only when she starts using EAD, her H4 gets invalid. Even if you apply H4 through your company, once she stats working on EAD, her H4 status becomes invalid, but your status is still valid as long as you work on H1B.

2. If your company is sponsoring GC, then even if your wife changes, INS is not bothered. Your wife is free to work anywhere for anybody and even more than 40 hours a week. There is no problem for your wife during GC interview too.

3. Your options are easy. Just follow answers 1 and 2. You are fine! Good Luck!