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Posted on 17 Oct 2011
Q.

Implications of porting (Eb3-Eb2) on the AOS status of dependent

My employer based I-485 application under Eb3 India has been pending since July of 2007. I filed my I-140 and I-485 applications concurrently in August of 2007. My I-140 was approved in January 2009. I have consumed all the 6 years of my H1B and am currently on AOS (from pending I-485 application) and use my EAD for my employment.
My wife (secondary applicant) was working on her H1B, but then switched on to EAD (based on my application) for her employment in May 2010. She still had about 1 and a half years left on her H1B.
Now if I (primary applicant) were to be offered another job through another employer, who would sponsor my green card under EB2 (India) category, what would happen to the employment/status of my wife’s EAD card? Could she still continue employment?

Thanks

User's Location: Milwaukee, Wisconsin, United States of America
Category: Employment-based Green Card
Posted on 17 Oct 2011
A.
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David Rubman
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Rubman & Compernolle
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