getting married in september and I-485

mmrsagili

Registered Users (C)
Hi experts,
My friend is getting married in September.

He has approved labor with priority date 2006 and planning to apply for I-140 and I-485 in July and he would get EAD and AP.

He will get married in september and probably his wife gets H-4 and hopefully will be in USA by the end of september.

If the priority date retrogresses by then(that is september), what are the options to him.

Can he switch to another employer after 180 days using his EAD. If he uses his EAD, What happens to his wife's H-4?

Does he need to continue his H-1B status until his priority date becomes current again and his wife applies for I-485?
 
Can he switch to another employer after 180 days using his EAD. If he uses his EAD, What happens to his wife's H-4?

It goes poof and she goes out of status unless she has filed her I-485.

Does he need to continue his H-1B status until his priority date becomes current again and his wife applies for I-485?

Yes. He can switch jobs once the I-485 has been pending for >180 days, but just using an H-1 transfer instead of an EAD.
 
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