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

[jas_murthy]

JoeF based on your comment I need to apologize for incorrect statement about preference category..I did not understand the difference and assumed..

Her line was like"since your case is one of preference categories you will need to maintain legal status throughout the process unlike non preference category like spouse or parents where it would be fine".

I thought she meant the f1&f2 type..but now I know there are categories considered non preference..

Sorry I didn't know this then and generalized..

[jas_murthy]

I still feel that the statements I am getting from USCIS are based on the old system where there were no separate dates..just one priority date when you would start filing...

Unlike the current separate date of filing and date of action..

Then these things make sense to me and I can understand..

But now they seem to be lack of communication which is resulting in organization not being on the same page..

Rules changed but not all got informed :)

[jas_murthy]

Now ain't that great :).. I thought I will just wait and guess what the dates retrogress to like 2001 for F4 & 2004 for H1

I guess I will have to double down and find answers..

Man this is frustrating :(

[JoeF]

I got my first gray hairs because of dealing with USCIS...

[pontevecchio]

USCIS is heavily overworked. Hence the responses. IS it so difficult for you to get a GOOD Lawyer involved? Frankly there is no problem. You seem bent on creating one. Use the EAD to work for anyone. Period. Wait for the physical card.

[jas_murthy]

You are right .. I may be making mountain out of rock :)

I called USCIS again today and requested to speak to tier 2 officer who called me back..

And she agreed with you!! I asked the same thing like 5 times.. I think she was ready to kick me :)

But as you said I should be OK using EAD/AP and can abandon H1B.. Make sure to renew it 90-120 days before expiry..

Time for the lawyer part now.. Even in that field there are varying answers depends on who to ask...

May be the key is "GOOD" lawyer..

Thanks again for the enlightenment.. Please continue the good work helping messed up souls..

[jas_murthy]

As per suggestions, I spoke to lawyer at Murthy and I am back to where I started :(

In a nutshell: it is OK to work &travel on EAD/AP & one stays on authorized stay..so can abandon H1..

BUT (the kicker).. We still suggest you to maintain H1B because if due to any reason even for a USCIS mistake 485 is denied, you will out of status and start accruing time on illegal stay and if over 180 days..3 yr ban..

There are ways to request reopening of case based on type of denial..

But better keep H1B.. And a kick in gut well placed :(

[JoeF]

Yeah, some lawyers are very conservative.

But again, why would the I-485 get denied?

It is only a theoretical thing, less likely than being in a plane crash.

[jas_murthy]

Exactly the question I have been asking and I agree WHY? and the best answer is just in case ..may be a mistake by officer..

But then I would think USCIS would give one an opportunity to clear out concerns.. I would doubt it would be "Denied because we said so and that is it"

I know it may sound overkill and stupid but I thought why not ask USCIS again.. Spoke to a tier 2 officer and was very surprised when he said " well this is ur wife's petition not yours so you cannot file 485..it will be Denied.once your wife gets her green card then she can file 130 for you"

And my jaw about fell off :)..

He had to go back and forth to his supervisor and was still not sure..

And that my friend worries me.. What if you get an inexperienced or not well versed officer at the interview.. Food for thought :)

[JoeF]

As we have told you, forget asking USCIS anything.

They are just completely clueless.

Some lawyers are very conservative, and tell you to file everything possible "just in case", which I think is not the right answer, but it is a CYA answer. Other lawyers are more aggressive.

The best answer is to use common sense.

[jas_murthy]

Agreed..

I have to say though I am just amazed at USCIS..

I guess it is what it is..

Thanks again :)

[pontevecchio]

The drumbeat of maintaining H1 status by this firm is because they deal with a lot of the problem cases specially EB based petitions from India against the background of some fair bit of fraud. Mind you, most cases are not fraudulent. Your decision, either constantly worry about this matter or take up the new job and move on with your life. Make an appointment with the head honcho in Murthy and write your concerns down first before you talk to her. Communication barriers because of different use of the same language may explain some of the bizarre answers you got.

[jas_murthy]

Based on all I learnt in the last 1 month..

I am going to move on..find a new job..

I was surprised to see that my alien # was the same as on my i140 and the family EAD/AP.. Do your comment if it gets rejected on either it will reflect on other..

So really doesnot make sense of fretting over "probable airplane crash" :)

[pontevecchio]

The same number is very good news. The reason is your different files are comingled. Home of the Brave and Land of the Free counts for something. Move on with your life.

[jas_murthy]

Yes sir!!!

Decision made and hopefully the correct one ..

Thanx again

[JoeF]

We have an expression here in CA: Nanny State. Meaning, the state tries to regulate everything.

For example, as a kid, I climbed in trees, build a tree house, etc. Nowadays, this kind of stuff can't be done anymore, because somebody is going to complain to the state Children Services because it is "dangerous." And the parents get into trouble...

Similar with this "get an H1 just in case" stuff. Common sense seems to have left the building.

Way back when I got my GC, my lawyer didn't like me going for Consular Processing, because there is "no way to appeal a denial." Another lawyer on the Net pretty aggressively advocated for CP, because it was then much faster than an I-485. I had my GC 4 months after I-140 approval, instead of waiting 2-3 years for AOS like a colleague did (even with the PD current...)

I am sure you're going to be fine.

[jas_murthy]

Well said.. :)

I kept trying to tell myself "you are fine" and all the voices would get to me and I would think "may be not..may be I am rushing"

I just wanted to more than anything convince myself..so I tried to do everything within my abilities to get answers..

And this forum has really been helpful.. Thanx for all you guys do.. And hopefully I will continue to be fine :)