Immigration Issues/Green card and H1B

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Question
my first stage - labour, second stage - i140 is approved...
3rd stage - 485 applied and pending as of jul 2007. Already recieved my EAD , AP to my hand..

I am getting married in couple of months...

1. Can i apply 485 for my wife immediately..
2. if she cannot apply 485 ...atleast can i get her an EAD as i have an EAD...
3. can i transfer my job to a new company even though 485 pending
4. In order to extend H1 ..do i need to be wit the same company
5. On EAD can i work part time for a different employer and work on H1 for my main company
6. is there anyway i can apply for wifes 485 faster as she also wants to work when in US...Atleast an EAD i mean.

Thanks

Sam

Answer
Hi,

When you are married, your wife will be able to file I-485 (and associated applications such as employment authorization application) only when your priority date is current. This depends on visa availability in the particular employment-based category (EB-2, EB-3, etc.) in which you were sponsored.

You can change employers only if your I-140 is approved and your I-485 is pending for at least six months. Even then, you should be employed in the same or similar occupational category. However, I recommend that you continue to maintain H-1B status (by having the new employer file H-1B petition for you rather than working on EAD) so that your wife can remain in the U.S. in H-4 status. You can use your EAD to work a second job and still maintain H-1B status if you continue to also work for the H-1B employer.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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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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