GC based on Future Employment

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GCBy2010

Registered Users (C)
I currently work for a company A on H1. Let us assume another company B is willing to file for a Perm labor, based on future employment with them. When I get the EAD (for me and my spouse) from this company B, can my spouse join another company C and start working for them with this EAD card, even before I join B ?

Can I join this company B when I get the actual green card which could take several months after getting the EADs.
 
Yes, your spouse's EAD is free of any restriction. She can pretty much work in any area for any employer in any field for any salary.
 
Of course, if the 485 is denied then she is technically out of status as she loses her H-4 status when she starts working. (But this is a relatively minor issue in my opinion.)
 
Joining company B

You should be very careful with switching company immediately following a labor certification or GC. I have read that the USCIS finds it suspicious if you change comapny from the one that got you the green card within 1 year. The recommendation is hat you remain with your employer that got thet GC for you for at least one year to play it safe.
 
GC Future employment / EAD clarification -- Thanks for the reply

Tom Duwey & Stevphel,

Thanks for your prompt response.

Stevphel,

I liked your explanation about going out of status in EAD later and you mentioned it as a minor issue. Any reason why this is a minor issue ? Also even in normal GC processing if the secondary (spouse) starts working after getting the EAD and the primary's 485 has problems later, does that mean the secondary (spouse) person that got the EAD earlier and started working has become illegal in status. How does one normally handle this situation ?Somehow this does not appear fair to me.

bjorn,
Thanks for your response. I think your reply is not directly related to my question. Please check my post again.
 
Yes, if the primary's I-485 is denied then the EAD is terminated and the secondary (your wife) is out of status. It is not really unfair because your wife's status is derivative - based on your status. She has no independent status.

It is relatively minor because you can re-apply for an H-4 for your wife (although technically she would have to leave within 30(?) days). With an expedited application you could be back in H-4 status before she has to leave. In the worst case, she can leave the country and re-enter when the H-4 is approved. Is she is professionally qualified, her employer could also consider sponsoring her for her own H-1.

The key is that you can still work and pay the bills while you remain in H-1 status and she has a chance to re-acquire legal status (although she would not be able to work until she got a new EAD). Personally, I would work hard to see that my I-485 is not denied :)
 
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