Using EAD-impact on derivatives

[silee77]

Hi guys,

Yor help is greatly appreciated with the below.

Facts: our I-485 are pending for self (employment-based) and dependent wife and child (RD is June08), PD is current, just waiting for name check, wife and I both have EAD and AP but currently still on H1b and H4, which expire in 2009 (6th year)

Questions:
1) If I change employer (now that's well over 180 days after I-485 was filed), I know I could potentially transfer my H1b as a safety measure at least for one remaining year in case AOS fails, but not sure if all the paperwork and HR discussions with new employer would be worthwhile given that my 6th year is just around the corner anyway. Your thoughts on transfering H1b vs. using EAD?

2) Do I need to notify USCIS about the above or do I wait until RFE or other communication, if they send one later? By changing jobs using my EAD, am I invoking AC21 or is this something different? Is there a form in connection with AC21?

3) what happens to the status of my wife and child if I change employer using my EAD? My wife does not plan on using her EAD at all...would she still be under H4 or would she lose that status along with my losing H1b or has she already moved to some other status (AOS) when the I-485 was filed back in 2006? Also, does she need to keep renewing her EAD if she is not really using it? do we still just use/renew AP for overseas travels?

4) how complicated is to keep renewing EAD and AP on our own without having the new employer or lawyer involved?

Thank you in advance for your time and help.

 

[compass]

1) You decide. In my case I switched to EAD when changing job, it was faster and easier than reniewing H-1, I thought not worth since less than 1 year was left for me on my H-1.

2) Do not know, mine was self petition.

3) If you switch to EAD, your wife and child will loose H-4 and become in AOS status. reniewing EAD is up to you, if they do not use them, no need to reniew, they will be in valid AOS status while I-485 will be pending. Of course AP will be needed for travel.

4) Very easy, I did it for my family myself for several years.

 

[silee77]

1) You decide. In my case I switched to EAD when changing job, it was faster and easier than reniewing H-1, I thought not worth since less than 1 year was left for me on my H-1.

2) Do not know, mine was self petition.

3) If you switch to EAD, your wife and child will loose H-4 and become in AOS status. reniewing EAD is up to you, if they do not use them, no need to reniew, they will be in valid AOS status while I-485 will be pending. Of course AP will be needed for travel.

4) Very easy, I did it for my family myself for several years.

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Thank you Compass for your input.

Is there anyone else who can shed some light on question 2 above? I have read some conflicting advice on this one (i.e., whether to proactively notify USCIS about job change vs. waiting for RFE, etc).

Also, I am not clear as to whether this switch in job automatically means I am invoking AC21...If I have a valid EAD and use it, then doesn't this imply that I am eligible for "any" employment or does it have to be in a "similar/same" job description until I get my GC?

Your help is appreciated.