EAD and New Job & Implications for Spouse

[Rog]

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

 

[Jackolantern]

1. I don't know. But it looks shaky because a fellowship may be seen as too different from what you are doing now, in the sense that it is more like advanced schooling + extended on-the-job training (hence the lower salary) than the pure work you are doing now. This can potentially kill your green card process, so get a professional opinion (and a second opinion) on this one.

2. You don't need anything from your employer to renew an EAD that is based on an I-485.

3. Has your wife's H-1B expired yet? Applying for and receiving an EAD does not invalidate your or her H-1B. It is only if you use the EAD for employment that the H-1B will get invalidated. Or if the H-1B expires, of course.

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.

Ask yourself -- Is doing fellowship ASAP worth the risk of making your GC process get long(er) and (more) complicated?

 

[BECsufferer]

Doc;

Ask an attorney for advice, this forum can be informative, but has risk associated. I generally refer the discussion here to validate my attorney's advice ( which is always contrary to my beliefs or likings).

Trust me is would be worth the money! ... Good Luck!

 

[drmonsterinc]

I agree with you...Some of us need to do a fellowship .... However you have applied for a GC based on u r employment.Till u dont get it in your hands u are committed to doing your job based on the certification...I have known people who have done residency on their EAD which they got after doing their masters and had a lot of trouble with the Green Card...It is a toss of a coin....Some get lucky some get caught....
I would suggest too a good lawyer but i can assure u that they would say wait for the green card....