ranand00 Posted March 2, 2015 Report Share Posted March 2, 2015 Question- My wife has approved i-140.(December 14,EB-2). Can I go on h4 (I AM ON H1 RIGHT NOW) and apply for ead. Then take up any job and ask employer to file gc in eb-2( if ( IF job is eb-2 eligible),THEN ( port my eb-3 filed in 2006 TO EB-2)In the meantime if my priority date for eb-3 becomes current ( which is unlikely) is it ok if at that time I am on h4 based ead . Will uscis question why I am on h4 when my priority date becomes current. AT THAT TIME I CAN MAKE SURE I HAVE SIMILAR JOB THAT EB-3 GC WAS FILED ON.If I use h4 based ead what happens to my EMPLOYMENT BASED ead. If I go on h4 -ead or my h1,i-485 based ead can i transfer to h1b again. What is the process. THANKS RA Link to comment
rahul412 Posted March 2, 2015 Report Share Posted March 2, 2015 No problem you are good to go. GC is for future employment so it doesn't matter what's your current status in US is, all it matters is whether you followed the immigration rules or not. Link to comment
ranand00 Posted March 24, 2015 Author Report Share Posted March 24, 2015 if i apply for h4( wife as seperate h1 and i-140 approved) while my 485 is pending, because i lost my job, will it trigger an rfe from uscis asking if i am maintaining my 485 job even though my date is not current-eb-3 2005-india i want to apply for h4 and not use my ead because the h4-ead will be unrestricted employment while mine is same or similar job ead based on my pending 485. Thanks Anand Link to comment
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