Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > Work/Travel options after 485 : H1 Versus EAD/AP
Click to log in with Facebook
Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 03-05-2008, 04:36 PM
Junior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
07/23/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/23/2007
Compare
Join Date: Dec 2006
Posts: 10
dkann is on a distinguished road
Unhappy Wife on H-1b - beenficiary of I485/EAD/AP -Can she quit and still maintain status?

Hi everyone,

Here is the situation:

My wife is currently working for a company on H-1b.

I am working for a different employer on H-1b. Last year, in July, I applied for 485/EAD/AP for both me and my wife, through my employer.

We both got EAD & AP approved and My 140 and 485 is still pending.

My wife is currently pregnant and would like to quit her job for personal reasons.

Here is my question:

1. Does quitting her current job with the employer who sponsored her H-1b, make her out of status?
2. Can she take up another job, post pregnancy, either on EAD/H-1B, assumig that she does quit her job now and is not out of status?
3. Can she quit her current fiulltime position now and take up a different job(part time) in the same company using EAD?
4. IF She quits her job while on H-1b, does it have any impact on my pending 140/485/EAD/Ap in the future?

Please reply back if you know any or all of the answers for the above questions. Your help is very much appreciated, becuase this information is very important to us in making correct decisions at this critical time.

Thanks
dkann
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 03-05-2008, 05:20 PM
Senior Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
03/03/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Sep 2006
Posts: 776
roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute
Default

There are provisions for maternity leave while on H1..But they don't specify any specific time period regarding the duration of the leave....As long as the employee and employer are fine with the arrangement, I don't think USCIS will have any issue with H1 status (this is my view, consult a lawyer to make sure)....Arrangement meaning, agree on the leave term and return to work in the same position after the agreed term.....

The other option is to file an updated I-9 form with the current employer with your EAD information and work for a couple of days and get paid..This will void your H1 status....Then you can take leave/vacation or even quit the job till the time you decide to work again....But she will have to use her EAD to work, as she no longer will have her H1....
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 03-05-2008, 06:43 PM
Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
07/02/2003
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2003
Compare
Join Date: Jan 2006
Posts: 80
pamposh is a name known to all pamposh is a name known to all pamposh is a name known to all pamposh is a name known to all pamposh is a name known to all pamposh is a name known to all
Default

I am not a lawyer but having been through a similar situation recently. Here is my understanding

Quote:
Originally Posted by dkann View Post
Hi everyone,

Here is the situation:

My wife is currently working for a company on H-1b.

I am working for a different employer on H-1b. Last year, in July, I applied for 485/EAD/AP for both me and my wife, through my employer.

We both got EAD & AP approved and My 140 and 485 is still pending.

My wife is currently pregnant and would like to quit her job for personal reasons.

Here is my question:

1. Does quitting her current job with the employer who sponsored her H-1b, make her out of status?

No, she would not be out of status, she would be in AOS once she quits her job (although I am not sure if she needs to inform anyone about this) but she sure would not be out of status if she quits her job.

2. Can she take up another job, post pregnancy, either on EAD/H-1B, assumig that she does quit her job now and is not out of status?

yes she can always take a job after pregnancy using her EAD, don't know about H1B though (i think she should be able to take a job on H1 also but I don't know the procedure... like would that be just tranfer or a new H1).

3. Can she quit her current fiulltime position now and take up a different job(part time) in the same company using EAD?

My understanding is yes she can. She can quit her job, stay home or use EAD for full/part time job now or later. The restrictions for maintaining a job are for the primary applicant (which fortunately in her case would be you).

4. IF She quits her job while on H-1b, does it have any impact on my pending 140/485/EAD/Ap in the future?

I would think it not at all. Besides like other person mentioned she can take a maternity leave (paid or unpaid that depends on the company etc.) but I say she would need more time off after the baby arrives than when she is pregnant..., just FYI. I used mine from the day my son was born.

Please reply back if you know any or all of the answers for the above questions. Your help is very much appreciated, becuase this information is very important to us in making correct decisions at this critical time.

Thanks
dkann
Hope this helps...
pamposh
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 03-06-2008, 11:07 AM
Junior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
07/23/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/23/2007
Compare
Join Date: Dec 2006
Posts: 10
dkann is on a distinguished road
Smile

Hi Pamposh and roseball,

Thank you very much for your answers. They have cleared some of our concerns.

dkann
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 08-13-2008, 05:44 PM
Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
11/26/2006
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
06/08/2007
Compare
Join Date: Jul 2007
Posts: 31
ingenix will become famous soon enough
Default

pamposh is right - I have consulted a paid lawyer for this and the comments here are 100% correct
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 08-13-2008, 06:08 PM
Senior Member
Priority Date
:
Before 2000
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 1,569
desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute
Default

Quote:
Originally Posted by dkann View Post
Hi everyone,

.....
.....

1. Does quitting her current job with the employer who sponsored her H-1b, make her out of status?
2. Can she take up another job, post pregnancy, either on EAD/H-1B, assuming that she does quit her job now and is not out of status?
3. Can she quit her current full time position now and take up a different job(part time) in the same company using EAD?
4. IF She quits her job while on H-1b, does it have any impact on my pending 140/485/EAD/Ap in the future?

Please reply back if you know any or all of the answers for the above questions. Your help is very much appreciated, becuase this information is very important to us in making correct decisions at this critical time.

Thanks
dkann
1. No, as her I-485 is pending. Infact my spouse did the same thing when we were in AOS Pending status.
2. Yes
3. Yes
4. No


__________________________
Permanent Resident since 2002
N-400 Oath date on Aug 19th
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
How to add my wife to my I485 application? paraphrase Self-filing, documents, forms, directions, mailing. 5 03-11-2009 01:23 PM
Last name changed in passport for wife and I485 is pendign with old last name sanjeev_2004 All other Green Card Issues 2 05-08-2008 05:40 PM
I485 - Job Quit ingenix All other Green Card Issues 3 08-06-2007 10:02 PM
I485 for wife when COS H1 to H4 pending. Please advise? anil All other Green Card Issues 0 06-15-2007 05:32 PM
Do we need paystubs to maintain legal status while on Adjustment Of Status? ram_ram Out of status, employment gap and status revalidation 7 11-20-2006 01:36 PM



All times are GMT -4. The time now is 03:51 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org