Family based EAD& parole approved.. Do i need to maintain H1B?Can i change employer?

[jas_murthy]

Hi all,

I am hoping to get an answer to my puzzle :)

 

I have been working on H1B with my EB2 application in progress with priority of june 2011..

 

My wife had another application in progress for family based category F4 (sibling for US citizen).

 

Recently we received EAD and parole card for the family immigration application while the I-485 is waiting on priority dates to be current (like 9 month away)..

The EAD/parole combo card has 1 yr time frame and i believe it can be extended based on the pending I-485..

 

So, I would like to go away from my H1B application, change my employer and start working on the family based EAD card..

And here is where i cannot find good information..

i called USCIS and they seemed to agree that i can use EAD to change employer without any restrictions..

So, the questions are:

 

1. Can i change my employer and start working on my new EAD/parole card ?

2. Will i still be in status legally in country based on the card ? or do i need to keep my H1B valid for that to happen ?

3. Is there any reason why i should not finally use the opportunity to move on?

4. Can i extend my EAD/parole or are there any hidden issues ?

 

Very much appreciate your insights..

[JoeF]

You can use the EAD. The pending I-485 keeps you legal.

The EAD can of course be extended until the GC is approved.

[pontevecchio]

Are you saying the F4 dates became current and you filed AOS based on that and got the EAD and AP? Are you saying the employment based dates may become current in 9 months?

[jas_murthy]

The F4A are not currently but since USCIS split the dates between dates for filing and dates of action, there is now a gap as to when docs can be submitted and when final action is taken..

So EAD,parole&485 were filed based on current date of filing and got approval..

And the 485 is pending as date of final action is not current..

And hence the confusion :)

From what I can gather from talking to USCIS, I should be OK asentionef by "joef" but I want to gather as much verification as possible.. Really donot want to jeopardize something in work for like 14 yrs

[pontevecchio]

Once the AOS is filed and you have the receipt, you are considered safe till you get the GC. You have an EAD. That is UNRESTRICTED work Authorization. You have a pending AOS. That keeps you legal as presumably the original family relationship resulting in the GC cannot be reversed. Blood relations remain so. Hence change jobs with no worries.

[jas_murthy]

Appreciate the info..

So I guess even though the EAD has been issued for 1 yr, I should be able to renew it if for any reason the AOS is not done by then..

Seems like time to leave H1B restrictions and find something better and free of pain :)

[jas_murthy]

Also I am not sure what exactly pending AOS means..

If I understand correctly .. That is the I-797C Notice of Action for I-485.. I would think that once approved we would get the I-797A once the dates are current.. and along that should be green card..

Another puzzle.. Will we be having an interview since we already in US.. Iassumed that was for one's outside country who need a Visa first to enter country..

[jas_murthy]

Going to add another note while the others await moderator approval..

Seems like couple of more concepts I am being told about..

1. Lawful status vs lawful presence vs authorized status(which would be if I start using EAD..with AOS pending)..

2. As "pontevecchio" said the blood relations remain same.. One suggestion I am being given is in case I-485 OS denied I will have something to fall back on.. Seems legitimate concern but is it realistic..

My EAD and H1B extension are both set to expire 04/17.. And I am guessing extending EAD would be relatively easier task...

This is really going in circles :D

[JoeF]

Why do you think the I-485 could get denied?

Such stuff is theoretical, with a probability similar to being in an airplane crash...

[jas_murthy]

I agree but I have my lawyer really getting unhappy at me questioning this.. And then being worried about denial..

Also they believe that my wife need to maintain a valid h4b for the final afjucation and interview which does not make sense to me..

But boy i really made them angry though saying the point in filing withblegal status and after that you have kind of special legal status per attorney general till AOS gets done

[pontevecchio]

The reason for AOS denial would almost always be fraud which is not in the equation here. If AOS is denied for fraud, all other avenues will also be affected. If there is minor error in your documents, they will send an RFE and not a outright denial. The logic by this law firm to maintain another avenue is applicable to a very small section of people.

[jas_murthy]

Appreciate your info guys..this is really helpful..I guess in the end I may have to weigh any benefits vs possibility of issue

[pontevecchio]

To reiterate, there are NO ISSUES. If you are in a dilemma, get the opinion of the firm of Murthy or any of your choice.

[jas_murthy]

I agree.. Seriously considering it..just have to get my lawyer on board with all data and info I have gathered. :)

[jas_murthy]

Hi again.. Well I still cannot get my lawyer to agree..she still want my wife to maintain h4..

So I may to find my options..

Are there any other forms after the 485,EAD and parole to be filed when the dates become current??

Guess I am trying to figure out what are procedural things left between now and green card..

Appreciate y'alls help

[pontevecchio]

 No other forms involved. Why does she want your wife in H4 status? If the matter is important enough to you, consult the firm of Murthy .

[jas_murthy]

I have no idea..baffles me too..I spoke to own corporate lawyer and same response as yours.. You are fine..it's ok.. You have kind of "AOS" as your legal status..you can take up any job..just remember to renew it..and also you are OK to travel on AP..no problems..

So I feel much better..may just have to change lawyer :) they have already told me that in not so nice way :(

I called USCIS again and was suggested to schedule appointment at local office and discuss about it.. So scheduled one for Monday and now another of my friends lawyer I was going to consult with ..tells me bad idea..they are officers..cannot give legal advice and many time provide incorrect info for which they are not liable..

Man!! What have I gotten myself into..may be I dug too deep :)

Also got in touch with murthy for consult and was informed about cost..was next on my list of things to do..

May be being too careful is as bad as being careless..

My plan..

Go to USCIS office (unless you agree it is bad idea like the lawyer)

Talk to murthy..

Just go with it and find different lawyer and move on..

Your thoughts..

[pontevecchio]

You are telling me a couple of thousand Dollars is an issue when you will make a few million in your career in this country? There is no issue here.

[jas_murthy]

No sir.. Did not mean that.. You are right.. The issue honestly is if I have waited for like 13 years should I wait for may be 1-2 more??

Hence trying to even talk to USCIS even after speaking to 2 other lawyers and 2 more including murthy planned for this week..

I believe that should get us past this stupid scepticism that our lawyer planted in our heads..

You guys are great.. Please continue to help confused people..this really helps ..thanks..

[jas_murthy]

If it was not for yourself and "Joef" I probably would not even be questioning my lawyer.. I have to thank you guys..

Now I just need to get over the dout and hence USCIS... I thought I should be able to hear clearer from Horse's mouth :) (hope I am doing right)

I feel this coming week should finish this discussion with a clearer path..

Thanks

[jas_murthy]

Update.. I went to local USCIS field office today and was told that I need to maintain legal status throughout the process tilll green card.. The only benefit I can avail is the ability to travel with AP while maintaining legal H1B status and hence H4 for my wife..

The F4 category is a "preference" category and if it would been like F1 or F2 u would be OK.. But for F4 need to be in lega status throughout & EAD not legal status..

So seems like I will be waiting for bulletins again :).. Thanks all

[pontevecchio]

It is an exercise in FUTILITY to approach USCIS with any question and expect a truthful answer. Once your AOS is on file for ANY CLASSIFICATION you are legally allowed to stay. The EAD lets you work for ANYONE and the AP lets you travel. The ED/AP may be one card and that does not matter. Fire your Lawyer. Ask the firm of Murthy to clarify your SPECIFIC situation.

[JoeF]

That is BS. F4 is no different than F1 or F2. They are all "preference" categories.

Immediate relative, which doesn't have a quota, is not a preference category.

Forget talking to USCIS people. They are not lawyers and have no clue.

[jas_murthy]

Oh honestly.. I am still confused as hell..

Does not make any sense.. People at USCIS say you OK..others say not OK..

I believe I should be OK but that definite proof/verification keeps eluding me..

Can't even think anymore :(

[jas_murthy]

I whole heartedly agree.. This is honestly upsetting me..if USCIS doesnot know what to do then not sure what people should believe..

I found that one can try to escalate call to tier 2 officer when one calls..

I am going to do it ..hopefully it doesnot end up with a note on my file:)

I am also be waiting for next month bulletin and if there is not much changes I will double down on my efforts to find answers..

I agree with the lawyer part but the person I will be interviewing with will be USCIS officer & if they disagree..i am sc***ed..out of status immediately and not even have anything to rely on to fight it with a lawyer..then what..this is what scares me..

That is why I want to see USCIS address this..

But by God how can you update the rules and not even provide training to your employees who will be implementing/working with it !!!