When can i change jobs? Please help

K

kumar77

Registered Users (C)
Hi,
I am in H1 B working for a telecommunications company for past 5 years. I entered USA in F1 Visa. I got married to a green card holder who will be US Citizen on 12 Feb.

My wife is a student making less than 125% of poverty line. I want to include my income as household income. But i want to change job.

Question
1. Can i change job when i application is pending with No EAD card.
2. Is it a good idea to have joint/co sponsor -- My father in law.
3. When can i change jobs if i go without the sponsor?

Please help.
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Thanks for replying.

1. So i cannot do H-1B tranfer also when my application is pending.
2. what form do my father in law has to fill is it I864A?
 
1) you didn't specify that you were asking about H1B transfer. You simply asked about changing jobs, and I assumed that you were asking about leaving your H1B employer and working for another employer with AOS EAD.

Please be specific next time.
 
Last edited by a moderator:
Thanks again for clarifying. i have one more question.

1. does the sponsor need to live in the same residence in order to use his income . -- My father in law lives in newyork and we live in virginia. Will this be problem.
 
kumar77 said:
Thanks again for clarifying. i have one more question.

1. does the sponsor need to live in the same residence in order to use his income . -- My father in law lives in newyork and we live in virginia. Will this be problem.
Click to expand...

Hi:

No, any US citizen or permanent resident can be a co-sponsor. Incidentally, did you look up the requirements of a joint sponsor in the I864 before you posted?
 
Thanks
So the joint sponsore will be filing I864 and my wife will also file I864.

One more question regards to including my income it says in the I864 that the "intending immigrant's current employment will continue from the same source " what do they mean by same source-- same employer or source as in business, employment...
 
Please help.

I am in a fix. I asked two lawyer's. both are giving me diffrent answers.

lawyer 1. if you are including your income (my wife is a student and usc. i am in H1 b making more than 125% of poverty line). you can only change jobs after getting green card with new I864 form. so better have joint sponsore if you are planning to change jobs.

Lawyer 2. I can change jobs after getting EAD. no need to have joint sponsor(My Father in law). If you have him it will delay processing.

which one is correct.... Please help
 
kumar77 said:
Please help.

I am in a fix. I asked two lawyer's. both are giving me diffrent answers.

lawyer 1. if you are including your income (my wife is a student and usc. i am in H1 b making more than 125% of poverty line). you can only change jobs after getting green card with new I864 form. so better have joint sponsore if you are planning to change jobs.

Lawyer 2. I can change jobs after getting EAD. no need to have joint sponsor(My Father in law). If you have him it will delay processing.

which one is correct.... Please help
Click to expand...
That just proves how useless these lawyers are :)

Lawyer 1 is wrong. You can change jobs after you have your EAD, NOT when you get your green card. You won't need a new I864 after you get your green card.

Lawyer 2 is right about the EAD, but getting a co-sponsor is always a good idea if you're not certain. It doesn't delay processing. Geeze, where do these lawyers get that information?? :eek:

Kumar77, getting a joint sponsor is very useful. We had one, because my husband didn't make enough money in the previous tax year - although currently our income (and his income alone too) is well above the guidelines. Our IO went through all the joint sponsor's paperwork, and she didn't care that our current income was good - she only cared about the last tax year.

My green card process took less than 4 months from filing to getting the actual card, and we had a joint sponsor, and that joint sponsor had a I864-A household contract :) It didn't delay anything, as you see.

Good luck! :)
 
Thanks Jewel12

I will have joint sponsor. My father in law lives in newyork and we in virginia. so he will be filling I864 and not I864A.

This are the forms i will be sending.
I130
I131
I765
Two I864 - One for my wife and myself, 2nd for my fatherin law and no I864A as he is not staying with me.
G325A - 6 copies
I693.
I485
 
kumar77 said:
Thanks Jewel12

I will have joint sponsor. My father in law lives in newyork and we in virginia. so he will be filling I864 and not I864A.

This are the forms i will be sending.
I130
I131
I765
Two I864 - One for my wife and myself, 2nd for my fatherin law and no I864A as he is not staying with me.
G325A - 6 copies
I693.
I485
Click to expand...
My joint sponsor doesn't live with us either (thankfully :) ). He's in another state. I meant, he filled out I864 and his wife filled out I864A - she didn't have to, but she chose to do it. Sorry I didn't make myself clear on that :)
 
Jewel12 said:
That just proves how useless these lawyers are :)

Lawyer 1 is wrong. You can change jobs after you have your EAD, NOT when you get your green card. You won't need a new I864 after you get your green card.

Lawyer 2 is right about the EAD, but getting a co-sponsor is always a good idea if you're not certain. It doesn't delay processing. Geeze, where do these lawyers get that information?? :eek:

Kumar77, getting a joint sponsor is very useful. We had one, because my husband didn't make enough money in the previous tax year - although currently our income (and his income alone too) is well above the guidelines. Our IO went through all the joint sponsor's paperwork, and she didn't care that our current income was good - she only cared about the last tax year.

My green card process took less than 4 months from filing to getting the actual card, and we had a joint sponsor, and that joint sponsor had a I864-A household contract :) It didn't delay anything, as you see.

Good luck! :)
Click to expand...

Hi:

Be nice. Keep in mind the following things:

1. There are many excellent lawyers and some very incompetent ones. We
do not know which lawyers he consulted, whether they were experienced
immigration lawyers etc. Like with any business in any field, you must
choose carefully. There are many individuals in the legal field who are
making wonderful differences in people's lives. In fact, we would not enjoy
the life we do today, but for the operation of the legal system.

2. While I am not saying that this applies in the OP's case, you will often find
that a lawyer's advice is not correctly repeated by the client. The report
of the advice is often very different from what was actually said, quite
often due to:
a) memory
b) misunderstanding of the explanations.

Your posts are usually very balanced and sound ---- I was somewhat disappointed in reading your comment.
 
pianoplayer said:
Hi:

Be nice. Keep in mind the following things:

1. There are many excellent lawyers and some very incompetent ones. We
do not know which lawyers he consulted, whether they were experienced
immigration lawyers etc. Like with any business in any field, you must
choose carefully. There are many individuals in the legal field who are
making wonderful differences in people's lives. In fact, we would not enjoy
the life we do today, but for the operation of the legal system.

2. While I am not saying that this applies in the OP's case, you will often find
that a lawyer's advice is not correctly repeated by the client. The report
of the advice is often very different from what was actually said, quite
often due to:
a) memory
b) misunderstanding of the explanations.

Your posts are usually very balanced and sound ---- I was somewhat disappointed in reading your comment.
Click to expand...
I am very sorry, Pianoplayer. In no way did I intend to insult the legal profession. I have a lot of respect for lawyers and the legal field, and I sometimes regret that I didn't choose to study law myself. Actually, - as far as immigration is concerned - I personally know about more cases where lawyers were of great help to their clients than when they screwed up.

I think you are right - sometimes clients may misunderstand or misinterpret the lawyer's advice. And of course, there are those who happened to find an incompetent lawyer. I'm pretty sure that if someone has a good lawyer he/she would have less need to ask for advice on a message board :) Those who had problems with lawyers would probably post here more, and I'm sure they don't represent the majority.

But really, it pisses me off that some lawyers don't know what an EAD is for! :)

I want to apologize again, and repeat that I have a lot of respect for the legal profession, and I also have a lot of respect for you, Pianoplayer - your posts are always very informative and very helpful.

Peace :)
 
Jewel12 said:
I am very sorry, Pianoplayer. In no way did I intend to insult the legal profession. I have a lot of respect for lawyers and the legal field, and I sometimes regret that I didn't choose to study law myself. Actually, - as far as immigration is concerned - I personally know about more cases where lawyers were of great help to their clients than when they screwed up.

I think you are right - sometimes clients may misunderstand or misinterpret the lawyer's advice. And of course, there are those who happened to find an incompetent lawyer. I'm pretty sure that if someone has a good lawyer he/she would have less need to ask for advice on a message board :) Those who had problems with lawyers would probably post here more, and I'm sure they don't represent the majority.

But really, it pisses me off that some lawyers don't know what an EAD is for! :)

I want to apologize again, and repeat that I have a lot of respect for the legal profession, and I also have a lot of respect for you, Pianoplayer - your posts are always very informative and very helpful.

Peace :)
Click to expand...

Hi:

No harm done. And I agree with you, if an immigration attorney does not know what an EAD is, he is not competent to represent clients.

BTW, you make a good point about the skewed picture people may get on a forum like this, not just about attorneys. Even though this is a wonderful place to trade advice, it does create some misconceptions like that many attorneys are useless or that name checks take FOREVER to clear. This is not true in the vast majority of cases, but then, the vast majority of people don't post. Many people post only when they have a problem.

Best wishes and thank you for your kind words.
 
Hi,
I have one last question regarding mailing the forms.
I live in Manassas, Virginia. Where should i mail the forms I485/I130/I131/I765.

In I485 it says if I live in virginia and Aliens who are immediate relatives of a U.S. citizen, as defined by section 201(b) of the Act, and are filingbased upon an approved, concurrently filed, or pending Form I-130, Petition for Alien Relative;

U. S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120

and in I130 it says
If the Form I-130 petition is being filed concurrentlywith Form I-485, Application to Register PermanentResidence or Adjust Status, submit both forms at the localUSCIS office having jurisdiction over the place where the Form I-485 applicant resides.

Please help...
 
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