Please Advise !!

N

needuradvise

New Member
I have applied for GC through my spouse. I recieved my EAD card 3 weeks back and yesterday I recieved a notice for the GC interview which is set for the first week of October. Here's my dilemma - I am currently working on H1B in a company and today I recieved an offer from another company (based on my EAD) - its a great offfer - great salary and amazing benefits. My question is will it be ok if I join this new company this month even though when my GC interview is scheduled for next month. I asked the new company if they can wait for couple of months (after the GC interview + 2 weeks notice to the old company) but they are not willing to do so since they want to fill in the position asap.

My spouse is the beneficiary on my benefits/life insurance/401K in my current company - I was hoping to present these documents as proof of our legitimate marriage. So do you guys see any issues with me joining this new company just 2-3 weeks before my GC interview ? I am so hoping that I can since offers like these dont come often.

Please adivse.

Thanks in advance !
 
needuradvise said:
no problem as in i can join the new company and there should not be any issues ?
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No problem especially since your filing is not employment based. One slight issue might be if your case is ever denied AND you've used you EAD AND are not using your H1B at all anymore, then you wouldn't have the H1B to fall back on later. But the denial issue should only be thought of as a slight chance...

The issue of changing jobs should have no impact on your Family based GC processing. You might need to file out a new Affidavit of Support and get a new employment letter for the interview but that really depends on your filing circumstances.
 
Thanks for the reply. I am not really sure why would I need a new affidavit of support - since the affidavit of support is from my wife (and she is not the one changing her job) unless I am missing something.
 
needuradvise said:
Thanks for the reply. I am not really sure why would I need a new affidavit of support - since the affidavit of support is from my wife (and she is not the one changing her job) unless I am missing something.
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That's why I said it would depend on your circumstances - I just thought I'd throw it out there and let you decide if it applies to you or not.
 
Since you're the beneficiary in the GC application, and you have an EAD, I see no problem in switching jobs.
 
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