Waiting on 485 EB2, currently on H1, switching to EAD.

N

nsg_lists

Registered Users (C)
My Wife and I are waiting on 485 EB2. Out 485 notice date in Aug 24 2007 and the priority date Sep 15 2005. We have both traveled out of the country once and returned back on Advance Parole. We both have OPT (EAD) which expires Jun 2011.

My Wife works on her EAD. I have still on my H1 technically (for 7 years now) as I still work for the same company after I returned on parole. I am thinking of switching my job. In this regard, I had a few questions.

-> How similar should the new job be to the old one. It will still be in IT, albeit in a different role and title than what I have in my H1.

-> What are the chances that 485 gets rejected based on the differences in my current and my new job profile. I see no reason why it should, but I was just curios. I guess for some reason if the 485 gets rejected, then it means that I would be homeward bound.

Please advice. All advice will be greatly appreciated.
 
-> Also, what if I change my address during this time after I switch my job and before I get my 485 approval.
 
nsg_lists said:
-> How similar should the new job be to the old one. It will still be in IT, albeit in a different role and title than what I have in my H1.
Click to expand...
H1 job doesn't come into play here.
The job profile and the title should be identical or as close as possible to the one filed for your Green Card. Also take a look at the AC21 subforum to get more answers about changing jobs and invoking AC21.

nsg_lists said:
-> What are the chances that 485 gets rejected based on the differences in my current and my new job profile. I see no reason why it should, but I was just curios. I guess for some reason if the 485 gets rejected, then it means that I would be homeward bound.
Click to expand...
If your 485 gets rejected, yes, you have to go back home... unless you file for an appeal etc.

nsg_lists said:
Also, what if I change my address during this time after I switch my job and before I get my 485 approval.
Click to expand...
File the AR-11

nsg_lists said:
My Wife works on her EAD. I have still on my H1 technically (for 7 years now) as I still work for the same company after I returned on parole. I am thinking of switching my job. In this regard, I had a few questions.
Click to expand...
I may be wrong here (mods / sr members please correct me) but if your wife is using her EAD, she is out of H4 status and at the same time, you, as the primary 485 applicant, are out of H1 status too (cause one of the applicant used his/her ead).
 
Last edited by a moderator:
"but if your wife is using her EAD, she is out of H4 status and at the same time, you, as the primary 485 applicant, are out of H1 status too (cause one of the applicant used his/her ead). "

-> I would definitely appreciate inputs on this.

My title will change. Right now I am a Systems Analyst. The job I am looking at will be a consultant or any other higher titled position. The profile might be similar in the sense that I would be doing everything a systems analyst would be but at a higher level.
What do you think? You think it would count as being similar?
 
jack23 said:
if your wife is using her EAD, she is out of H4 status and at the same time, you, as the primary 485 applicant, are out of H1 status too (cause one of the applicant used his/her ead).
Click to expand...

The second half of your statement is incorrect. No action by the dependent spouse can affect the immigration status of the primary applicant.
 
You must log in or register to reply here.
Top