Best option to change jobs and retain an EAD for my spouse.

[sihegde77]

I have been employed with Company A from Jan 2006, and they filed for my Green Card (see the dates below) in EB2 category.

a) Labor (PERM) filed on 09/11/2008 -- Priority Date

b) Labor (PERM) approved on 10/18/2008

c) I-140 approved on 06/03/2011

d) I-485 + I-765 + I-131 filed for me (primary) and my wife on 01/27/2012

e) I-765 + I-131 approved for me (primary) and my wife on 3/29/2012 (my H1B extension was approved till 09/30/2015)

f) I-485 approval is still pending for me (primary) and my wife, as you know the dates got heavily retrogressed to 08/2004.

 

 

Therefore, both me (primary) and my wife have valid EAD+AP right now.

 

I am still employed with the Company A. My wife is with Company B on her independent H1B (she also has EAD as part of my Green Card application).

 

1) Is it safe for me to join Company C on EAD at this time (it's more than 6 months from the date of filing my I-485) ? Do I have to file AC21? 

 

2) Is it safe for my wife (she is NOT the primary applicant for our Green Card) to join a new company on EAD (she also has EAD as part of my Green Card application) at this time? Will that affect my 485 status?

 

3. If I change using H1 B transfer can my wife still use EAD to work?

 

Appreciate your inputs.

[Belle]

1) I can't say if it is "safe" because it solely rests on your definition of what's safe. You are eligible for I-140 portability under AC21.

2) Again, I don't know. Your wife cannot in any way impact your green card filing. Even if she royally screws up and gets deported (or worse, incarcerated).

3) You wife's EAD is based on her (!) I-485 pending. How does your H1 change impact her pending I-485? It does not.

[ksribhas]

1) Yes and Yes

2) Yes, No

3) Yes