Option to Work post AOS (Spouse based GC)

[rahulc]

experts question for you

Can one start to work immediately (without the need to sponsor the work visa from employer) after filing of the Adjustment of Status (GC through Marriage) filed on the basis of spouse being US Citizen ?

TIA

[my2239]

Many things are not clear from your question

Let me make a few assumptions:

1) You are already on valid status before applying to adjust status as spouse of US Citizen

If so, and if your status allows for work, you can continue working

2) If the above is not true, you have to apply and wait till you receive the EAD card to be able to work. It is possible to file for an EAD (form I 765) either along with the I 130 (Petition for alien relative) or later. So you still have time

So in a nut shell you may have to wait for approval before you can begin work

[pontevecchio]

One can work the moment one gets the EAD in hand and for anyone.

[rahulc]

Yes, I am already on a valid Status (with an approved I140). Basically, have a couple of queries:

1. What will be the impact on current GC process if filing for adjustment of status through spouse who is US Citizen.

2. After filing of Adjustment of Status would one require visa sponsorship for any switch in job.

TIA

[my2239]

Trying to answer your questions:

Yes, I am already on a valid Status (with an approved I140). Basically, have a couple of queries:

Answer: firstly if you are already in valid status, and are maintaining it, you can work anyway for the company that helped you achieve that status

You can also change companies if the new company is willing to process your non immigrant status

1. What will be the impact on current GC process if filing for adjustment of status through spouse who is US Citizen.

Answer: You can only adjust status once

In your case, it is far easier to adjust status as spouse of US Citizen than through employer related sponsoring

so while the current employment base case will remain undisturbed, it is better your lawyer files only 1 adjustment of status application based on your preference (Employment based on Family)

2. After filing of Adjustment of Status would one require visa sponsorship for any switch in job.

Answer: This is the point where you appear to be consfused

Just filing for Adjustment of status only gives you permission to stay in US while it is being processed

Permission to work can either be obtained by applying for it (EAD using I 765) or by utilizing an existing valid non immigrant status (like H1 / L1 etc.,)

Regarding visa sponsorship, it is impornat to distinguish that a vis ais only required to enter / reenter a country

An approved petition (with a corresponding I 94) is what allows you to live and work in USA

So if you take the non immigrant (current basis) route, yes you would require sponsorship from an employer to be able to work or switch jobs

If you take the EAD route and your Adjustment of status is based on marriage to a US citizen, the an EAD allows you (until its expiry) to work for any employer or change an employer or not work at all! without any risk

[pontevecchio]

1. None. Once you become a PR after the AOS is approved the I-140 is history. Once you file AOS based on Marriage to an USC you will get the EAD/AP in 3 months and the GC in about 6 months. In the meantime you can work on existing work authorization till the EAD arrives and then use the EAD to work in any filed for any employer or not work.

2. See above. Once your EAD arrives you can work for anybody in any field or not. Since the basis would be family immigration you can work in any field or not after the GC.