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H4 I-485 filing and EAD

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  • H4 I-485 filing and EAD

    I am on H4 visa, got my I-140 approved (with current priority date). My spouse is primary H1b and wishes to change the job (in May-June) but need to resign from present post at least 3 mo in advance. Once my spouse changes job a new H1b (transfer) will come into effect. Is it wise to apply for I-485 now or wait for some time ? Any advice?

  • #2
    If you change job, then the GC process need to restart from PERM. The previous employer may not file I-485 when you are no longer working for them. Once you file I-485 and receive an EAD you are allowed to chage jobs, but only after 6 months from receiving the EAD to avoid unnecessary questing while I-485 gets processed.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by shervin143 View Post
      If you change job, then the GC process need to restart from PERM. The previous employer may not file I-485 when you are no longer working for them. Once you file I-485 and receive an EAD you are allowed to chage jobs, but only after 6 months from receiving the EAD to avoid unnecessary questing while I-485 gets processed.
      My I-140 application is under EB1a category and not employment based. Any suggestion on this line.

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      • #4
        In that case, there is no reason to hold back on filing I-485. The sooner you file it, it is better.

        Originally posted by docalka1997 View Post
        My I-140 application is under EB1a category and not employment based. Any suggestion on this line.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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