marital separation_EAD

[borszeki]

Hi,
I submitted labor certification in 2004, EB3 have been waiting since then...in the meantime my husband and I are separating. I was the primary on the green card case.

If I quit my job, is he gonna loose his EAD, or the EAD remains valid until the validity date?
Does he have options to still keep the green card case open under his name?

I would appreciate any input. My personal life couldn't weather the long wait, but I am really worried that he would loose all his papers if I quit.
It would be great to know what his options are.

[Ramba]

Originally Posted by borszeki

Hi,
I submitted labor certification in 2004, EB3 have been waiting since then...in the meantime my husband and I are separating. I was the primary on the green card case.

If I quit my job, is he gonna loose his EAD, or the EAD remains valid until the validity date?
Does he have options to still keep the green card case open under his name?

I would appreciate any input. My personal life couldn't weather the long wait, but I am really worried that he would loose all his papers if I quit.
It would be great to know what his options are.

Your post is not clear about what you are looking for. Post clarly about the immigration situation and your current status and what are you looking for.

[borszeki]

okay, so I'll try to be more clear.

I am 485(primary) pending since aug 2007 and my husband is 485(derivative) also pending, working on EAD since 2008 march.

We are separating, planning to divorce in august.
I am on H1 and planning on quitting my job.
What happens to my husband's EAD?
Is it still valid until 2010 september as noted on his card?
If my green card case gets denied based on me quitting my job, does his EAD get denied, too?
Does he have any options on keeping the 485 case on his own, or he has to apply/start over separately from the labor certification phase?

[Ramba]

Originally Posted by borszeki

okay, so I'll try to be more clear.

I am 485(primary) pending since aug 2007 and my husband is 485(derivative) also pending, working on EAD since 2008 march.

We are separating, planning to divorce in august.
I am on H1 and planning on quitting my job.
What happens to my husband's EAD?
Is it still valid until 2010 september as noted on his card?
If my green card case gets denied based on me quitting my job, does his EAD get denied, too?
Does he have any options on keeping the 485 case on his own, or he has to apply/start over separately from the labor certification phase?

If you quit the H1B job it does not affect the 485, as long as if you have a permanant job offer at the time of approval of your 485. You must have a permanant job offer to approve your 485 based on AC21 law. As long as both 485 are pending, both are eligible to maintain status and use and renew respective EAD. If your divorce is finalized (judjement issued), before your 485 approval, your spouse will lose the eligibilty for 485 approval. I do not know, whether you must inform the USCIS about your divorce/judjement before or after it offically finalized. If USCIS happens to know about your divoce, they may issue a RFE to your husband's 485 or they may deny without RFE. Also, if your 485 is denied for any reason, your spouse 485 will also be denied unless he has any other 140/130 approval for him. Also both of your EAD wil be denied when 485s are denied.

I hope you got the information that you are looking for. As a personal advise, avoid divorce and sovle the difference with your husband. Life is important than 485..

[morchu]

1. Yes. The EAD will be valid till 2010
2. Yes. If primary GC is denied, dependent GC gets denied and EAD is possibly revoked.
3. No. He cannot keep 485 on his own. He has to start over separately.

Originally Posted by borszeki

Is it still valid until 2010 september as noted on his card?
If my green card case gets denied based on me quitting my job, does his EAD get denied, too?
Does he have any options on keeping the 485 case on his own, or he has to apply/start over separately from the labor certification phase?

[krupa]

I do not know ,

whether it is possible to an employer to revoke the offer he made for permanent Job while submitting the 485 petition.

If employer revokes the offer, what shall be the status of 485 applicantion?

and applicant status if he is working on EAD after expiry of 6 months of filing 485?

Originally Posted by Ramba

If you quit the H1B job it does not affect the 485, as long as if you have a permanant job offer at the time of approval of your 485. You must have a permanant job offer to approve your 485 based on AC21 law. As long as both 485 are pending, both are eligible to maintain status and use and renew respective EAD. If your divorce is finalized (judjement issued), before your 485 approval, your spouse will lose the eligibilty for 485 approval. I do not know, whether you must inform the USCIS about your divorce/judjement before or after it offically finalized. If USCIS happens to know about your divoce, they may issue a RFE to your husband's 485 or they may deny without RFE. Also, if your 485 is denied for any reason, your spouse 485 will also be denied unless he has any other 140/130 approval for him. Also both of your EAD wil be denied when 485s are denied.

I hope you got the information that you are looking for. As a personal advise, avoid divorce and sovle the difference with your husband. Life is important than 485..

[morchu]

The original offer should be valid at the time of filing 485. If it is not your 485 can be rejected.

Now USCIS may never ask you that question, their common RFE is current EVL, and the 485 may still get approved.

Originally Posted by krupa

whether it is possible to an employer to revoke the offer he made for permanent Job while submitting the 485 petition.

[jthomas]

I would like to suggest to solve your differences.

1. If you guys wish, live separately for a while and see if things improve.
2. Give him sufficient time to think over what he wish to do. Afterall he has been with you for a long time. (maybe he can apply for canadian PR, or find someone else to support his GC).

If you guys do something in haste you may have to repent for a long time. Treat each other fairly.


J Thomas
(Scorpio-Leo)

[intheyan]

J Thomas-- I appreciate this advise from you. Yes some one has taken time to give some valid suggestion.

[intheyan]

If you quit this job and find another on AC21 portability both of your i-485 is valid. Even at the time of GC if you have a valid job on Ac21 portability then no problem.

The problem occurs when USCIS issue an RFE to get more evidence to see if he is still a dependent. They may ask for join bank acc or house on both name or marriage certificate and proof so on to prove u both are husband and Wife...

If thier is no proof to provide this then his i-485 will be denied along with EAD and AP.

I suggest you to think over this comely. You can even pray to god tell him what u are undergoing now. And from my heart I suggest u to please stop applying for divorce. May be u can live separately for a while that will give some time to settle down and wipe out the bad moments between you two. And some time later I assure you both will live happily together.

Originally Posted by borszeki

Hi,
I submitted labor certification in 2004, EB3 have been waiting since then...in the meantime my husband and I are separating. I was the primary on the green card case.

If I quit my job, is he gonna loose his EAD, or the EAD remains valid until the validity date?
Does he have options to still keep the green card case open under his name?

I would appreciate any input. My personal life couldn't weather the long wait, but I am really worried that he would loose all his papers if I quit.
It would be great to know what his options are.

[Kushal]

There is a great book "If only he knew" by Gary Smalley.
I know it helped lot of people to work things out in the face of a storm.

Originally Posted by intheyan

If you quit this job and find another on AC21 portability both of your i-485 is valid. Even at the time of GC if you have a valid job on Ac21 portability then no problem.

The problem occurs when USCIS issue an RFE to get more evidence to see if he is still a dependent. They may ask for join bank acc or house on both name or marriage certificate and proof so on to prove u both are husband and Wife...

If thier is no proof to provide this then his i-485 will be denied along with EAD and AP.

I suggest you to think over this comely. You can even pray to god tell him what u are undergoing now. And from my heart I suggest u to please stop applying for divorce. May be u can live separately for a while that will give some time to settle down and wipe out the bad moments between you two. And some time later I assure you both will live happily together.

[happybee]

good to see the positive replies. I am also in a similar boat and need urgent help. seeking for input and options.

here is my case,

I was on H1b for 7 years and in 2007 applied for I485 with my husband ( as derivate) in 2007. so I moved in to EAD and worked for a year and I took a break in meantime my ead expired and didnt get renew ( my husband lied that he applied for renewal but he never did). So now am at home without EAD to work. in meantime he got his GC few months back and mine is still pending, we have called for initial interview ( which went well and told that waiting for visa no.). had second time biometrics done recently. its been 60 days and no update on online nor on postal notice regarding my Interview. So am on AOS pending..

now, we have decided to get divorce and my husband wants to close his GC (!!) and go back to his native place. So I need someone's help to understand what can I do to keep my GC going and get a job and handle myself in US. I cannt go back to my native and seek for my family's support due to no. of reasons.. as my married was decided by myself ( i mean lovemarriage) and it will be insulting to involve my family for my mistake getting into a such a bad marriage. though my family will never give up on me, I really dont want to trouble them.

I hope there may be a way to keep my status active. And where should I apply divorce here in US or in the place, where we got married?
appreciate good suggestions.

thanks.

[dealsnet]

Take info pass and ask for the present process. Do not tell them, you are planning to file divorce. Talk normally. Tell them that your husband got the GC and yours pending. If your marriage is still valid and not filed divorce petition, even if he left the country, your case is still valid. You may get the GC after the process is finalized (we never know, if your husband withdraw or inform USCIS about his plan for divorce)
link for taking info pass. Find out exact status of your application.
http://infopass.uscis.gov/

Originally Posted by happybee

good to see the positive replies. I am also in a similar boat and need urgent help. seeking for input and options.

here is my case,

I was on H1b for 7 years and in 2007 applied for I485 with my husband ( as derivate) in 2007. so I moved in to EAD and worked for a year and I took a break in meantime my ead expired and didnt get renew ( my husband lied that he applied for renewal but he never did). So now am at home without EAD to work. in meantime he got his GC few months back and mine is still pending, we have called for initial interview ( which went well and told that waiting for visa no.). had second time biometrics done recently. its been 60 days and no update on online nor on postal notice regarding my Interview. So am on AOS pending..

now, we have decided to get divorce and my husband wants to close his GC (!!) and go back to his native place. So I need someone's help to understand what can I do to keep my GC going and get a job and handle myself in US. I cannt go back to my native and seek for my family's support due to no. of reasons.. as my married was decided by myself ( i mean lovemarriage) and it will be insulting to involve my family for my mistake getting into a such a bad marriage. though my family will never give up on me, I really dont want to trouble them.

I hope there may be a way to keep my status active. And where should I apply divorce here in US or in the place, where we got married?
appreciate good suggestions.

thanks.