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
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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
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.
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.
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
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law