EAD and Fellowship & Implications for Spouse

R

Rog

Registered Users (C)
J1 waiver physician currently completed 3 yrs waiver requirement on H1-b at MUA site and still employed at same site beyond committent period (year 4 on H-1B - Expr date 5/30/09). See Green Card details below. My spouse is also doing medical residency training on H-1B (Exp date 6/30/09). Both of us applied for Adjustment of status, EAD and Advanced Parole document.

I am planning to join fellowship training next year. I know that I can change jobs in 6 months after receipt of I-485 application provided I am in the same field of work. Fellowship training involves advanced work in a specific subsector of my field. My salary during my 3 years of fellowship training will be 4 times less than what was quoted in my labor certification and I-14 application. The hours I work will be essentially the same but I will do 4 times less call in the hospital. My questions are as follows:

1. Can I use EAD & portability to start fellowship training next July? Would my situation satisfy the requirement that my new job be in the same field as was specified in the labor certification application?

2. When it comes to EAD renewal:
(a) do I need my current employer to re-affirm their commitment to USCIS that they are still interested in sponsoring me for my Green Card even though my employer will be aware for my departure to another hospital?
(b) Can my new employer endorse my EAD renewal application without having any endorsement from my current employer?

3. In hind sight I am regretting that I applied for an EAD and AP for my wife as she already had a valid H-1B visa for the duration of her residency training. Now I am faced with annual renewals of her EAD or worse, should my I-485 face any problems (very unlikely), she would be without legal status. In worst case senario, ie I-485 rejected or abandoned by me to pursue fellowship training, would she have to re-apply for her H-1B visa to continue her training? Would her previously valid H-1B visa give her legal status despite nullification of my I-485.

I totally understand that the easy way out is to delay my fellowship plans for a year by which time I will probably have my Green Card but my compelling desire to do this training for improvement of my current life style.

I look forward to your comments.
Thank you
Rog
EB2 India
PD 11/4/2004
I-140 11/2004 (RIR) Approved
I-140 9/2005 (PERM) Approved (Same employer)
I-485/131/765 RD : 8/15/2007 (NSC) - Used I-140 with PD of 11/2004
 
Rog said:
J1 waiver physician currently completed 3 yrs waiver requirement on H1-b at MUA site and still employed at same site beyond committent period (year 4 on H-1B - Expr date 5/30/09). See Green Card details below. My spouse is also doing medical residency training on H-1B (Exp date 6/30/09). Both of us applied for Adjustment of status, EAD and Advanced Parole document.

I am planning to join fellowship training next year. I know that I can change jobs in 6 months after receipt of I-485 application provided I am in the same field of work. Fellowship training involves advanced work in a specific subsector of my field. My salary during my 3 years of fellowship training will be 4 times less than what was quoted in my labor certification and I-14 application. The hours I work will be essentially the same but I will do 4 times less call in the hospital. My questions are as follows:

1. Can I use EAD & portability to start fellowship training next July? Would my situation satisfy the requirement that my new job be in the same field as was specified in the labor certification application?

2. When it comes to EAD renewal:
(a) do I need my current employer to re-affirm their commitment to USCIS that they are still interested in sponsoring me for my Green Card even though my employer will be aware for my departure to another hospital?
(b) Can my new employer endorse my EAD renewal application without having any endorsement from my current employer?

3. In hind sight I am regretting that I applied for an EAD and AP for my wife as she already had a valid H-1B visa for the duration of her residency training. Now I am faced with annual renewals of her EAD or worse, should my I-485 face any problems (very unlikely), she would be without legal status. In worst case senario, ie I-485 rejected or abandoned by me to pursue fellowship training, would she have to re-apply for her H-1B visa to continue her training? Would her previously valid H-1B visa give her legal status despite nullification of my I-485.



I totally understand that the easy way out is to delay my fellowship plans for a year by which time I will probably have my Green Card but my compelling desire to do this training for improvement of my current life style.

I look forward to your comments.
Thank you
Rog
EB2 India
PD 11/4/2004
I-140 11/2004 (RIR) Approved
I-140 9/2005 (PERM) Approved (Same employer)
I-485/131/765 RD : 8/15/2007 (NSC) - Used I-140 with PD of 11/2004
Click to expand...


Applying for the EAD does not invalidate her H1b. It is using the EAD. So, as long as she does not use her EAD, her H1b is fine and you might even choose not to renew the EAD for a couple of years till she is ready to use it.
 
I am in the same boat as you with I485 pending for less than 6 months.i do not know whether to continue for the job or go for fellowship,the other thing i had thought is to abandon my aos application and go for fellowship as dependent of the wife. what have you decided.
 
I am in exactly the same boat. i am on h1b,have my ead and thinking of activating ead in jan because my h1b will expire. meanwhile the million dollar question is if i can do fellowship on ead and all the unanswere questions u have posted.pls let me know if u have found the answers.
my lawyer advises me not to and is not able to comment because they are hired by my employer but i know a lot of people on east coast who have got ead during residency and gone to fellowhip or job with higher income
pls let me know what u r doing
I am so frustrated .thinking of going on j1,doing fellowship and going to india.
i have finished 6 months after 485 and am portable
Rog said:
J1 waiver physician currently completed 3 yrs waiver requirement on H1-b at MUA site and still employed at same site beyond committent period (year 4 on H-1B - Expr date 5/30/09). See Green Card details below. My spouse is also doing medical residency training on H-1B (Exp date 6/30/09). Both of us applied for Adjustment of status, EAD and Advanced Parole document.

I am planning to join fellowship training next year. I know that I can change jobs in 6 months after receipt of I-485 application provided I am in the same field of work. Fellowship training involves advanced work in a specific subsector of my field. My salary during my 3 years of fellowship training will be 4 times less than what was quoted in my labor certification and I-14 application. The hours I work will be essentially the same but I will do 4 times less call in the hospital. My questions are as follows:

1. Can I use EAD & portability to start fellowship training next July? Would my situation satisfy the requirement that my new job be in the same field as was specified in the labor certification application?

2. When it comes to EAD renewal:
(a) do I need my current employer to re-affirm their commitment to USCIS that they are still interested in sponsoring me for my Green Card even though my employer will be aware for my departure to another hospital?
(b) Can my new employer endorse my EAD renewal application without having any endorsement from my current employer?

3. In hind sight I am regretting that I applied for an EAD and AP for my wife as she already had a valid H-1B visa for the duration of her residency training. Now I am faced with annual renewals of her EAD or worse, should my I-485 face any problems (very unlikely), she would be without legal status. In worst case senario, ie I-485 rejected or abandoned by me to pursue fellowship training, would she have to re-apply for her H-1B visa to continue her training? Would her previously valid H-1B visa give her legal status despite nullification of my I-485.

I totally understand that the easy way out is to delay my fellowship plans for a year by which time I will probably have my Green Card but my compelling desire to do this training for improvement of my current life style.

I look forward to your comments.
Thank you
Rog
EB2 India
PD 11/4/2004
I-140 11/2004 (RIR) Approved
I-140 9/2005 (PERM) Approved (Same employer)
I-485/131/765 RD : 8/15/2007 (NSC) - Used I-140 with PD of 11/2004
Click to expand...
 
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