EAD through family based vs My H1B Green card


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Hi All,

Looking for some guidance here. I am currently working for an employer who has filed my green card and I have my I140 approved. My dates are current right now and they have also filed an H1B extension right now. I am on my 10 year of H1B.

I got married to a citizen and we have received my EAD through marriage based green card while we wait for the green card. It may take couple of months.

Now I got a job offer from another company which is a great opportunity to pass. If I join them then I will have to use EAD as they don't sponsor H1B. So I have to let go my H1B from my current employer.

How safe I am to go with EAD ? My spouse is in IT and we make decent money. Finance should not be an issue. Marriage is legit.

My fear is worst case something happens to marriage based green card, then we will be in deep trouble. What is the best thing to do here?

Thank you.

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Your fear has no basis. As a citizen she is immune from trouble based on this matter. As a spouse of an US Citizen, you are in a safe harbor and nothing can go wrong. As the EB based PD is current any further H1 extensions are not viable and you will need to file AOS based on the EB based petition. You decide what you want and go ahead. The marriage based EAD is much safer if at all that is a word to use in this context than a H1 petition extension.

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