chicagoan1982 Posted July 2, 2019 Report Share Posted July 2, 2019 Summary: Both my spouse (China-born) and I (India-born) are working on H1B visas with approved EB-2 Employment based I-140's. My spouses priority date became current in December 2018. I decided to file as a derivative applicant (requesting for cross-chargeability to China category) and did so at the end of Jan 2019. We had our finger printing in Feb/March 2019. Both of us received approval notices for I-765 (EAD) in the last week of June 2019. Question: If i were to start looking for another job using my EAD, would the "substantially similar job" clause apply to my EAD? Asking because i applied as derivative to my spouses employment-based I-485. Note that my I-485 Filing type / category was "Employment-Based, alien worker I-140" which identified me as derivative applicant and provided Principal applicants A# and other details. Quote Link to comment
pontevecchio Posted July 3, 2019 Report Share Posted July 3, 2019 As a derivative, you can work in any field or not work. In short you are in a safe harbor whatever you do. Quote Link to comment
chicagoan1982 Posted July 5, 2019 Author Report Share Posted July 5, 2019 Thank you @pontevecchio for your response. One last query - If my spouse were to find a new job opportunity (keeping in mind "the substantially similar job" clause) after waiting for more than 180 days for an interview appointment, would it effect the pending I-485 petition adversely ? We were wondering about the implications of a moving to a new job on his part to my EAD renewal (if required). Quote Link to comment
pontevecchio Posted July 9, 2019 Report Share Posted July 9, 2019 I would ask him to make sure a lawyer is on board and so is the new company should he change jobs after waiting for 6 months plus. The best way to make sure a job is similar is by keeping the job description and/or the job duties align very closely to the original job. Your EAD should not be affected. Quote Link to comment
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