| Q. |
I-485 status after leaving job for EB1 self petitioners
We are from India. We had originally applied 2 I-140's [self petition in EB1-A and EB2-NIW].My wife is primary applicant and I am dependent. We filed I-485 in July 2007 based on EB2-NIW
I-140. We sent requests to USCIS by mail and called couple of time to link our I-485 with EB1-A as we got approved in that category first.
1)Can my wife leave her job without jeopardizing the I-485 petition? She is studying at a university currently [as part- time student so far with job] and needs to complete all her credits next year. Does she needs EAD if she leaves her job?
2) Do we file the I-485 again? I have been seeing many 2008 getting approved and I am assuming ours is stucked with all July applicants.
User's Location:
Baltimore, Maryland, United States of America
Category:
Employment-based Green Card
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| A. |
Thank you for your question.
Assuming your requests to USCIS to link your I-485 to the EB1-A petition, the fact that your EB1-A is based on a self-petition means that your wife can leave her job, as long as she intends to practice in her field. Since there is no sponsoring employer, she does not need to stay with a certain employer. If she leaves her job (and does not work for anyone else), then she does not need EAD, although it is nice to have one in hand (if you haven't already applied) in case she decides to work for someone.
Unless I have a strong reason to file another I-485, I would not. You have waited so long, and it would not make sense to file a new I-485 just for the sake of it. My guess is that you are stuck with the July 2007 backlog.
Best regards. |
| |
Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
Thanks for the prompt reply. Can you clarify the following assuming the primary applicant leaves her job:
1) I have a EAD and currenlty using H1B. Can I use my EAD to start my own company etc
2) What will the status of the primary applicant if she leaves her job?
Best |
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| A. |
Arathee-
I think I answered your question just a couple of minutes ago, but in case things got lost somehow:
1) You can use your EAD to start your own company, work as a consultant (1099) or work for any employer. Once you do so, your status will change from H-1b to adjustment of status pending.
2) If your wife leaves her job, her status would be adjustment of status pending.
Best regards. |
| |
Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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