Job change by Derivative AOS Applicant

ganjamachu

Registered Users (C)
Hello Everyone,

I have been breaking my head with the following questions. Please someone help me ....

1) I filed for my I-485 as a secondary applicant (derivative spouse) along with my husband's application. My husband is the primary applicant and I hold a H1B visa. I have filed along with his GC application. Are there any restrictions for my to change jobs at this point? I heard that the 180 day restriction only applies to the primary applicant and I am allowed to change jobs, since I am only a derivative. Will doing H1 transfer with my new employer affect my AOS application?

Note:
I hold a H1B visa and my employer is NOT SPONSORING a green card for me.

I have applied along with my husband's case.

I applied on 30th July 2007 and do not have a receipt yet.

I have also applied for EAD and Advance Parole.

2) Only I have applied for EAD and AP. My husband, who is the primary applicant, has NOT applied for EAD or AP. He is planning to stick on with his H1B visa. If I travel out and use my AP to enter the US, will it affect my husband? Is there any rule that the primary should also apply for AP/ EAD?

3) I am studying part-time on H1B. Once I start working on EAD, can I still continue studying part-time?

4) Should I let USCIS know of my job change? If so, what is the procedure?

Thanks so much for reading my post and hope to hear from someone soon.

Thanks.
PN.
 
Last edited by a moderator:
You being a derivative have no restrictions. If you want to transfer H1 to new employer you can or you can switch once you get your EAD. There is no 180-day rule affecting you since you application is based on your husbands. You do not need to notify uscis about job changes.
 
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