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How long after EAD application until my wife can change jobs?

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  • How long after EAD application until my wife can change jobs?

    We filed on Nov. 12th I-130, I-485, I-765. NOA was dated Nov. 20th and we got it in the mail on Saturday. My wife is currently on an H-1B, but we will be moving to Phoenix soon for my job and she will have to quit her job in Washington, DC to come with me. Will she be able to start work before she has the EAD in hand? It probably doesn't make much sense for her to look for another H-1 sponsor in her next job, since that would be unnecessary as soon as she has her EAD. I'm pretty sure we're looking at a minimum of 90 days, which would be tolerable. But 180 days probably would not be. Can she legally work before then?

  • #2
    We filed on Nov. 12th I-130, I-485, I-765. NOA was dated Nov. 20th and we got it in the mail on Saturday. My wife is currently on an H-1B, but we will be moving to Phoenix soon for my job and she will have to quit her job in Washington, DC to come with me. Will she be able to start work before she has the EAD in hand? It probably doesn't make much sense for her to look for another H-1 sponsor in her next job, since that would be unnecessary as soon as she has her EAD. I'm pretty sure we're looking at a minimum of 90 days, which would be tolerable. But 180 days probably would not be. Can she legally work before then?

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    • #3
      Rick Lee: Your wife can continue to work for her current employer using her H-1B, while awaiting her employment authorization.

      However, until she actually receives her employment authorization document, or adjusts her status to permanent resident, she will be unable to work at other than her current employment.

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      • #4
        Thanks. That's what I was afraid of. No, she cannot stay at her current job when we move to Phoenix. It's not a telecommuting kind of gig and she will need to quit to go with me. Trouble is I have no idea when she'll be able to work somewhere in Phoenix and I can't postpone this move indefinitely. My job is sending me there. Any idea on how long it takes to get the EAD nowadays? And what's your definition of "adjusts her status to perm. resident"? We've already filed all that. At what point can she take another job?

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        • #5
          Rick Lee: Employment authorization documents usually take close to ninety days. You have applied for your wife to adjust her status from H-1B to permanent resident, and the EAD application is a part of that process. However, it's possible, albeit unlikely, that you and your wife may be called for your adjustment of status interview before she receives her EAD. In that circumstance, assuming a successful interview, your wife would be a conditional permanent resident and would no longer require an EAD for employment.

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          • #6
            Whew! I feel a lot better now. Thanks.

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