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Hi all, thanks in advance for your advice/help.
I am a US permanent resident, but my husband is a foreign national currently working on an H1B visa, which expires in 09/2015.
Last year, when the F2A adjustment of status suddenly became current in September, his company helped us apply for the adjustment of status so he can get a green card. During the application process, he received the combo EAD/Advance Parole card, with a valid date of 1/2/2014 to 1/1/2015.
We had our interview in February, and the application was approved, however by that time the visa availability date has been RETROGRESSED from late September (when we filed the application) to 9/8/2013, so the visa officer who conducted our interview said my husband won't be able to get the green card right away, and will probably need to wait a few month until the date becomes current again. Unfortunately, as of this month, they've retrogressed the dates AGAIN, and now it is all the way back to 5/1/2012!
I am now kind of worried since my husband might have to wait a year or more before receiving his green card, and his H1B visa will run out next year in September.
So my question is does this long wait jeopardize my husband's ability to stay in the US while he waits for the visa numbers to become current again. Specifically:
1. Does his EAD/AP card means he is now eligible to work for any employer in the US? For example, he loses his H1B job, but since he has the EAD, that means he can apply for any type of work in the US? This means he is no longer bound by the H1B visa's employment requirements?
2. According to the instructions of Form I-765, when you are 120 days from the expiration of the EAD, you can file I-765 to renew it. To me, he is eligible to file this form under category "c-9" - which refers to applicants whose adjustment of status (I-485) is pending.
From these instructions, I made the following conclusions:
1. While he is waiting for the visa numbers to become current, my husband can use his EAD card to continue to legally reside AND work in the US. Furthermore, he can continue to work for his current company, or seek employment anywhere else in the US, because the EAD gives him right to work anywhere, not just what his H1B allows for.
2. Every year in September, when it is 120 days before the EAD expires, we will file the I-765, using eligibility category c-9, in order to renew his EAD for another year. And we can do this for multiple years until he receives his green card.
3. We can just let his H1B expire next year. The EAD will allow him to continue to work for his current company, or find a new job, or not work at all, but in all cases, as long as the EAD is renewed each year, and he doesn't leave the US, he can legally live here until the visa numbers become current and he gets his green card.
Are the above 3 conclusions correct? Sorry for the long winded post, but it is a complicated situation, and I wanted to give a detailed description of our situation. I just want to make sure that my husband can stay here while waiting for the green card, and not be forced to go back to his home country until the visa numbers become available again.
Thanks again for any advice you may give!
I am a US permanent resident, but my husband is a foreign national currently working on an H1B visa, which expires in 09/2015.
Last year, when the F2A adjustment of status suddenly became current in September, his company helped us apply for the adjustment of status so he can get a green card. During the application process, he received the combo EAD/Advance Parole card, with a valid date of 1/2/2014 to 1/1/2015.
We had our interview in February, and the application was approved, however by that time the visa availability date has been RETROGRESSED from late September (when we filed the application) to 9/8/2013, so the visa officer who conducted our interview said my husband won't be able to get the green card right away, and will probably need to wait a few month until the date becomes current again. Unfortunately, as of this month, they've retrogressed the dates AGAIN, and now it is all the way back to 5/1/2012!
I am now kind of worried since my husband might have to wait a year or more before receiving his green card, and his H1B visa will run out next year in September.
So my question is does this long wait jeopardize my husband's ability to stay in the US while he waits for the visa numbers to become current again. Specifically:
1. Does his EAD/AP card means he is now eligible to work for any employer in the US? For example, he loses his H1B job, but since he has the EAD, that means he can apply for any type of work in the US? This means he is no longer bound by the H1B visa's employment requirements?
2. According to the instructions of Form I-765, when you are 120 days from the expiration of the EAD, you can file I-765 to renew it. To me, he is eligible to file this form under category "c-9" - which refers to applicants whose adjustment of status (I-485) is pending.
From these instructions, I made the following conclusions:
1. While he is waiting for the visa numbers to become current, my husband can use his EAD card to continue to legally reside AND work in the US. Furthermore, he can continue to work for his current company, or seek employment anywhere else in the US, because the EAD gives him right to work anywhere, not just what his H1B allows for.
2. Every year in September, when it is 120 days before the EAD expires, we will file the I-765, using eligibility category c-9, in order to renew his EAD for another year. And we can do this for multiple years until he receives his green card.
3. We can just let his H1B expire next year. The EAD will allow him to continue to work for his current company, or find a new job, or not work at all, but in all cases, as long as the EAD is renewed each year, and he doesn't leave the US, he can legally live here until the visa numbers become current and he gets his green card.
Are the above 3 conclusions correct? Sorry for the long winded post, but it is a complicated situation, and I wanted to give a detailed description of our situation. I just want to make sure that my husband can stay here while waiting for the green card, and not be forced to go back to his home country until the visa numbers become available again.
Thanks again for any advice you may give!
