Immigration Issues/I-485 and H1B/H4

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Question
Hello there. I am currently on H1B status, my wife and daughter on H4 and my son is a US citizen. Our I-485 is pending since July 2007. My wife has an EAD so she can work while I-485 is pending. My questions are the following: (1) If I get an EAD, am I allowed to move to another company?, (2) If so, my wife and I are technically allowed to stay in US because of our EAD, how about the status of my daughter who is on H4, will she become out of status? Thanks for your support.

Answer
Hi,

All I-485's will still be approved if the new employer is offering you permanent, full-time employment in the same or similar occupational category, and ready to submit a letter to the USCIS providing information such as job title, job description, salary, date of starting employment, and that the job is full-time and permanent.

Although you and your wife can legally work on EAD, I recommend that you and your family maintain underlying nonimmigrant H1B/H4 status through the new employer filing H1B petition for you requesting extension of your status. This way you will maintain H1B status so if there is a problem with the I-485 for any reason (example: the USCIS issues a request from your current employer a letter verifying that the employer is offering you permanent, full-time employment, but the employer does not cooperate) you and your family will not be required to depart the U.S. based on maintenance of H1B/H4 status. Your daughter can remain legally in the U.S. based on pending I-485, but as stated above it is a good idea to maintain H1B/H4 visa status.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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