EAD Job change

Asked about 2 years ago - Solon, OH

I currently have H1B Visa and my employer has filed a my Green card under EB3 Category. I have valid EAD but since my spouse is not working / for children . I didnt apply for EAD .
I am planning to change the job using EAD whether do all the family members need EAD in order for me to switch job . If i change job what will happen to their legal status, currently they have H4 Dependent visa and Green card is filed. Please advice

Attorney answers (4)

  1. Philip Alan Eichorn

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Attorney Capriotti is correct. This is a matter that requires careful consideration and planning including but not limited to ensuring that you maintain a lawful dual intent status so in case there are issues with the transfer, you don't lose your ability to be here lawfully. Please do retain counsel.

  2. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . Be careful, be very careful .... talk to an attorney before you quit your job.

    No, you don't have to file EADs for your family .... but it usually is a good idea.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Nicolette Glazer

    Contributor Level 12

    2

    Lawyers agree

    Answered . Portability is very complex. Consult with an immigration attorney before proceeding further since it may jeopardize your green card process.

    Answers to questions are for general purposes only and do not establish an attorney-client relationship.
  4. Lynne Rogers Feldman

    Contributor Level 19

    1

    Lawyer agrees

    Answered . As long as you filed the I-485 for your spouse she remains in a period of stay authorized by the Attorney General. I understand the economics of "working on an EAD" but it is best to maintain a nonimmigrant status until your PR is approved and certainly until your I-140 is approved and 180 days on the I-485 have passed giving you AC-21 eligibility if you do need to change employers. We also recommend filing for an EAD for even non-working spouses and dependents. There is no adidtional cost and EAD is a good document to have for DMV renewals, proof of legality in the U.S., getting social security numbers for income tax purposes, etc.


    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law

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