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Question

For my wife who is on H1b and is an derivative applicant to my I485 which was downgraded in late 2020 to EB3 & then a re-upgrade application using 485J was filed recently(July,2022). My Priority date is Dec 12, 2013 & I am on H1b myself. She is trying to decide whether to switch to a new job which will not sponsor her H1b. Since these days, the AP/EAD renewal takes a long time. so few Questions: I understand that there might be some RELIEF/GRACE/AUTOMATIC EXTENSION when the applicant can work and stay if the EAD extension application is still being adjudicated. Question is if the grace period is over after an EAD Application has been made. -Is the applicant required to stop work until the EAD application has been adjudicated. -Is the applicant required to leave the country since the basis of stay is expired and outside of grace period. -My wife’s initial H1b was granted from October 1,2019. So, if she switches to EAD in November 2022. She will still have a few years left on her H1b(no independent I-140 approved). Can she later recapture the left over time without going through lottery again. -If she uses her EAD for switching jobs will our re-upgrade to EB2 application be denied

User's Location: San Diego, Alabama, United States of America

Category: Employment-based Green Card