Please throw some light!

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Hope99

Registered Users (C)
Hi folks,

I\'m a regular viewer of the this board and it has helped me a lot. I\'ve a situation and i need your input on it. I\'ve my labor and I-140 approved, my PD is Dec \'99 in the EB3 category at VSC, which i\'m hoping will become current by Aug cosidering the rate at which the pd\'s have been moving lately. If that happens, i plan on going to india to get married in october and be back by nov end. My concerns are...

1. Can i get rid of my H1 visa once i get my ead approval?
2. How soon can i get the AP and EAD once you apply for I-485?
3. Will I have any problems at the time of re-entry to the US if i don\'t
have a multiple h1 and just the AP?
4. If i move to a different state would that affect my GC processing?
5. Am i allowed to take another job on the basis of the ead in a different state? Would that cause any problems?

In the worse case scenario if the dates don\'t become current within the
time frame of my wedding plans, would i\'ve a problem if i came back on the basis of my spouse\'s H1 visa. He does have a multiple entry at this time. Please advice. Your input/advice is greatly appreciated and i look forward to your response.

Hope99
 
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EB2,India, FP 5 Apr \'01.Does any one awaiting I-485

PD 6/99
ND 3/1/00
FP 4/5/01

Any one with similar ND/FP in EB2 awaiting I-485
approval from VSC?
Thanks
 
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Hope99, you can apply for EAD and Adv Parole right at the time of applying for your i-485. It is, however, advisable to retain your H1 status as long as possible. Merely getting EAD does not invalidate your H1. However, if you use your EAD to get another job or you use your AP to re-enter US, it does invalidate your H1. Regardless, there should not be any problem in re-entering US either way.

Moving to a different state does not effect your GC processing. You can still continue with it.

And, obviously, you can certainly take another job after EAD if your sponsoring company does not have an objection because sometimes it creates conflict of interest and the sponsoring company may revoke your i-140 if they find you doing that. So, check with your sponsoring company to make sure that they are ok with your taking another job.

Even if your PD is not current, you can still use your own H1 to re-enter US. So there is no need of using your spouse\'s H1. With your permanent resident application pending, you obviously do not want to mess around with your visa status which sometimes results into denials. I would strongly suggest to retain your H1 status and apply for EAD at the time of applying for i-485.

Hope this helps.
 
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Hi taka digi,

Sorry about the very late response. I didn\'t really see your reply to my posting until this morning, when i did a search on my SN and found your response. I guess you are right, my best bet would be to stick to my H1 until i return back. I\'ve applied for my EAD along with my 485 application. Now i\'m waiting in queue just like the other\'s to get a reciept from VSC.

thanx again for your help and wish you all the best!
 
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