Changing companies on EAD but wife has not applied for 485 yet

[psychogenesis]

I am with Company A for 10 years now and I have my I-485 pending via the EB2 processing with a priority date of Oct, 2009. I got married in 2012 and my wife has still not been able to get her I-485 applied for due to the retrogression. I am now getting my company to do the EB1C processing and the I-140 will be sent to the TSC early next week. I have been interviewing with other companies and have some good opportunities to move. Is there any way to change jobs without it affecting my wife who is currently on the L2 visa? I am in a fix as I do not want to lose out on an opportunity and neither want it to come to a situation wherein I have to have her go back to our home country. Please help.

[JoeF]

If you use the EAD, your wife's L2 would be invalid, and she would be out of status.

There is no way around that, other than her getting an H1 if she qualifies, but that would only start in October.

[psychogenesis]

I might have to check and see if Company B can get the EB1 processing going as well so I can get my wife into the country sooner than October. Do the authorities deny B1/B2 visas for cases where one's spouse has a pending I-485?

 

If it comes to it, I might have to just play the waiting game before moving on to the new position or have the company wait a couple months before I join them. Fingers crossed.

[Belle]

Well, it's kind of hard for your wife to deny that she has immigrant intent if you do, however, technically, there is no I-485 or I-140 with her name on it, so she may try to play the game. For example, she may state that she is visiting you temporary (for now) and planning to use "following to join" if your petition is approved. But there is another wrinkle - she likely won't be able to file I-485 while being a visitor. Also, don't forget that your wife has an ability  to work while on L2.

[psychogenesis]

Thanks Belle. It is a catch 22 situation when one is offered almost double the salary in a new company and it would make things easier for everyone in the long run. Maybe a sacrifice is what is needed but I think I will try to push the company to stretch the joining date out by a month or so and hope the I-140 and 485 are approved in quick time.

[Belle]

Then you should seriously ask your lawyer what happens if your wife continues out of status on L2 while you lose L1. The trick is that since your wife would be losing status through no fault of her own, she will have at least 180 days before it is impossible for her to file I-485 and maybe even longer (see no fault of her own clause). She will also be able to stay in the US (but not travel) for as long as her I-94 is valid, without becoming illegally present. It's a little bit of a dangerous game, but maybe worth playing.

[psychogenesis]

Yes, seems like we can take that course...I will report back on what the status is. Trying to buy some time with the hiring company so if something works out, nothing like it.