Urgent advice required regarding two labors

[gettingourgc]

1. Currently my husband is in H-1. I am applying for his 485 as my dependent. Does he has to change the status to H-4 or can he remain in H-1 itself. Even in future when he start using the EAD, is 485 itself a valid status for legal stay or he has to have H-1 or H-4 for legal stay.

2. Is it safer to change employer during the GC processing. If so after how many months can I change. Do I need a H-1 for the new employer or shall I work with EAD. If I work with EAD without any status is it legal.

3. Mine is filed under EB2 with priority date Nov 2005, whereas my husband is filed under EB3 with Feb 06 as priority date. Will it be a good idea to file greencard based on both labor ( that means under mine, I will be primary and he will be dependent, under his he will be primary and I will be dependent, two 485 application for each of us). Is it advisable or not. If we have to apply for one which one is better applying on my labor or his labor.

Appreicate any input or suggestion.

Thanks
Kiru

 

[another_fella]

1. Currently my husband is in H-1. I am applying for his 485 as my dependent. Does he has to change the status to H-4 or can he remain in H-1 itself. Even in future when he start using the EAD, is 485 itself a valid status for legal stay or he has to have H-1 or H-4 for legal stay.

He can continue to maintain his H1, no need to change to H4 to file 485 along with your's.

After approval, EAD can be used for his employment. But I would say he should continue using his H1 if he can for his work, and think of EAD as last option.

Filing 485 along with you does not change anything on his H1 status. Remember 485 is Adjustment of Status.

2. Is it safer to change employer during the GC processing. If so after how many months can I change. Do I need a H-1 for the new employer or shall I work with EAD. If I work with EAD without any status is it legal.

Nothing is safe. Look at it this way, if you can continue working for the same employer it is preferred. But if you are not able to for some reason, like say you got let go, or it is 180 days and the 485 is not approved yet, then you can use AC21 option to change employer.

If you use AC21 and change employer, it is advised that you maintain your H1 status with the new employer until 485 comes through.

3. Mine is filed under EB2 with priority date Nov 2005, whereas my husband is filed under EB3 with Feb 06 as priority date. Will it be a good idea to file greencard based on both labor ( that means under mine, I will be primary and he will be dependent, under his he will be primary and I will be dependent, two 485 application for each of us). Is it advisable or not. If we have to apply for one which one is better applying on my labor or his labor.

You should be able to file through both, and I don't see why not. Where you will be dependent on your husband's application, and vice versa. It is going to be more about whether you want to spend that extra money.

I am sure your attorney will be able to guide you through this process.