I-140 and I 485

[Techie_ssp]

I-140 and I 485
Hi all,

I am not sure which forum i should post this Q.

I am on H-1B and my spouse is on H-4. We have applied for GC based on my spouse’s educational qualifications. Labor, I-140, I-765 and I-131 has been approved recently. Fingerprints and everything has been taken. (Concurrent filing for i-140,I-765, I-485 and I-131)

My spouse is going to start work for the sponsoring company soon. My question is can i start working for some other company based on my EAD. The company I am working for (Which has sponsored my H-1B) may close the door soon. And if i start working for some other company do we need to notify BCIS ? My H-1 is going to be expired in March -2005. There is no way my current company is going to be in business for that long. Based on the Nebraska Service center, we may not get the green card for next one and a half year.

Any help, suggestion is appreciated. Thanks for looking.

 

[robocop104]

what are the details of your 140 approval. LIN number/notice dates and approval timelines?

well if you do think that your H1-b is going to be invalid soon, then use the EAD. thats what it is for. you should not have any trouble unless you expect your wifes 485 to not be approved. in which case you should try to jump to another H1-B position so that you can use that even if your wife gets rejected.

one question i have is, can you apply for H1-b when you have a 485 pending and you have a EAD from it?

thanks
prashant

 

[badobo]

Yes, u can apply for H1, even if u have EAD.

If u have NOT USED ur EAD - then it will be considered as H1 extension.
If u have USED the EAD - then it will be considered as a new H1.

 

[prajat]

badobo

Hi,

What my understanding was that if I use EAD my H-1B is no longer valid. In the sense that I can either be on EAD or H-1B. Please clarify. Thanks.

 

[r240968]

Re: badobo

Originally posted by prajat
Hi,

What my understanding was that if I use EAD my H-1B is no longer valid. In the sense that I can either be on EAD or H-1B. Please clarify. Thanks.

I agree with prajat.If you use EAD then you are in an immigrant status & your H1 is invalid. If you want to apply for H1 again then it has to be a new apppl. & for H1 you have t be in non immgrant status. So you have to leave the country for new H1.