Please advice when and how can I use my EAD?

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reddy_9999

Registered Users (C)
Please advice when and how can I use my EAD as my wife's 485 not applied yet?

I applied for my 485 in september-2005.I got my 140 approved and EAD approved too.I could not apply for my wife's 485

because she was in India at that time. She is here now on h4 visa.my priority date is oct-2001 -EB2.
now iam under force to used my EAD and roll-over from my company(A) to a different company(B).I know I will loose my h1

status and inturn my wife will loose her h4 status if I use my EAD.
what are my options to keep her on legal status and use my EAD.If I apply h1 for my wife this will not be available until

oct-2007. my company(A) is not willing to wait until then.They want me to roll -over to company "B" as quickly as

possible.As a matter of fact company "A" applied for my EAD only so that I can roll-over to "B".

my quetions are
1.Can I use EAD and change employer even though 180 days not completed from the day I applied for my 485.my lawyer says

that it is ok as long as GC sponsering company won't object you for that.

2 what to do with my wife's legal status inorder to use my EAD???

please advice..your help is greatly appreciated.

Thanks!!!!!!!!!
 
Last edited by a moderator:
Seriously , Consult Rajiv,

Send email to Rajiv with your situation and phone number. He will call you and explain you all the info.
 
reddy_9999 said:
I applied for my 485 in september-2005.I got my 140 approved and EAD approved too.I could not apply for my wife's 485

because she was in India at that time. She is here now on h4 visa.my priority date is oct-2001 -EB2.
now iam under force to used my EAD and roll-over from my company(A) to a different company(B).I know I will loose my h1

status and inturn my wife will loose her h4 status if I use my EAD.
what are my options to keep her on legal status and use my EAD.If I apply h1 for my wife this will not be available until

oct-2007. my company(A) is not willing to wait until then.They want me to roll -over to company "B" as quickly as

possible.As a matter of fact company "A" applied for my EAD only so that I can roll-over to "B".

my quetions are
1.Can I use EAD and change employer even though 180 days not completed from the day I applied for my 485.my lawyer says

that it is ok as long as GC sponsering company won't object you for that.

2 what to do with my wife's legal status inorder to use my EAD???

please advice..your help is greatly appreciated.

Thanks!!!!!!!!!
Click to expand...

First, H1B will be free up this Oct (2006). Second, you can apply H1B in advance of Oct ( If I am not wrong they will accept application as of April). If your wife has H1B application pending, she is legally in the US but not allow to work.

Second, you can use EAD anytime. If your current employer still continue to process your case UNTIL YOU GET GC, you are fine. If they won't answer any RFE or withdraw your I140 in the future (DO YOU KNOW ABOUT FUTURE. IF YES, NO PROBLEM), you will not elligible for AC21 since you change employement before 180 days of I485 pending.

Third, your wife will be out of status by the first day you use your EAD. Her immigration life will be mess up (but not yours ... I am kidding).
Alternate way is to change her non-immigration status to something that are not depended on you (B2 or F1).

Good luck. You need to consult a good immigration attorney before making any move.
 
What kind of shit company is this!!!
EAD ir urs, you can apply on ur own, after you have applied for 485.
Just tell them, you won't change before six months. Its only 2 months.
Changing now can jeopardize your gc, wait till six months.
You have a very valid reason, your wife will be out of status.
Tell them, you can only change after they apply for ur wife's H1B.
They should understand your situation.
And, why do they want you to change the company?
 
Thank you very much for your suggestions!!
why they want me to change my company is because, company (B) funded for my GC process.they knew that on EAD one can change employer ..they are least aware of all other imigration rules.finally they are aggreed to wait for 3 more months.. after that either i have to transfer or say good bye. they don't bother about my wife's application.

I got my finger print notice today? is there a way to postpone this event ?
if so how many days can i postpone it? what best reason can i give them in order to postpone this? if any body has done this before could you please direct me ..
what a stressful life here is isn't it??

Thanks guys!!
 
I just want to delay it so that i can delay my 485 approval process.In the mean while if dates move forward i can apply for my wife's 485..
is it a good idea ??

Thanks
 
cant you apply for your wife's 485 since your 485 is still pending??......it should be similar to non-concurrent filing.

if you can do that....i think all your problems will be gone..
 
Hi techy2468 !
Thanks for yor reply ..what is non-concurrent filing anyway?
is there a way to apply I-485 for my wife even though my PD is not current(i have applied in sept-2005).. any idea any lead for me

Thanks !
 
I would suggest instead of using EAD, why don't you do H1 transfer from employer A to employer B. You might have to incur the expenses but your wife will maintain the H4 until she can file 485
 
Company B never did H1B. so there is no chance.
My PD is Oct-2001.EB2 ...(VSC)
hopefully it will be current soon. but I don't want to take a chance,so I want delay my finger printing.
 
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