Shifting jobs when Family based AOS is in-flight

[green_beret005]

Hello,

My spouse is a US citizen and I'm currently in H1-B. I'm Planning to shift to another employer. I have already received my EAD card (on July 2020 - original date of AOS application was Jan 2020 - biometrics taken on March 2020). Here are a few questions :

1. Is it okay to abandon H1-B visa and start working with the EAD ? What are the downsides to this ?
2. My 130/485 applications are managed by a law firm tied to my current employer. If I were to change lawyers at this stage, how would it affect my timelines ?
3. If I were to find my own private set of lawyers to take care of my case, how expensive would that go (I believe I'm 80% through with the process - with interview only pending) ?

Thanks in advance for the responses!

[pontevecchio]

1. You are not abandoning anything. You are changing the basis of your work Authorization to the EAD instead of H1. No downsides. This lets you work for ANY employer.

2. The Timeline would not be affected in ANY way. Ask them if they will continue being your lawyers as your employer has no standing in this. Actually nothing to represent. An automatic process.

3. If you have all the documents filed, no need for a private lawyer.

As a spouse of a US Citizen, nothing bad can happen to you. You are in a safe harbor. Patience is golden.

[green_beret005]

Great, thanks for the response - much appreciated! 


 

[green_beret005]

In the event that the GC interview goes south (no limits to craziness these days), I was wondering how I can recover back my H1-B. 

Since there could be multiple moving parts here (elections, overseas consulates being closed, premium processing could be suspended), could I be facing a possibility of being out of status for a while ? Would you happen to know if there is a grace period in which I can continue working - in the event that I'm said to be out of status, need to get back into H1-B and it is going to take a few months ? 

Also, is there a problem with staying in H1-B despite having an EAD. ?

[pontevecchio]

Once you have an AOS application on file, your subsequent stay here is LEGAL. You can opt to stay in H1 status even if you have an EAD. Let me put it to you that if you have issues with the GC, the H1 is the least of your worries.

You cannot be out of status anymore. Your stay is legal. 

As far as craziness goes, remember Humpty Dumpty and thank the Lord for the month of November.

[green_beret005]

Thanks 😄