Here is the background:
Let's say someone is working as a software engineer under H1-B but also under the GC EB-2 process. A while back the I-140 Immigrant Petition was filed and approved, in parallel the I-485 Adjustment of Status (AOS) application was filed but remains pending. In the meantime USCIS has taken fingerprints and issued a combined EAD/AP card which serves as valid work authorization and travel authorization for a year. A I-797C notice stated that the case/petition was transferred to the National Benefits Center. No notice for an interview was received yet.
Here are my questions:
1) This process, with getting the perm through the employer etc. is already taken almost 2years. Now that there is the EAD card with I-512 Advance Parole is it possible to leave the country without the risk of getting the case denied at re-entry?
2) Let's say there are job offers from Apple, Google and Facebook. When can the employer switch jobs without jeopardizing the GC process (which has the I-485 still pending and no GC interview notice yet)?
3) How long after the GC was received does the employer have to stay within the current company that sponsored the GC? E.g. for marriage based GCs there is a period of 2 years, when getting a divorce within that period you would also loose the GC. Is there something similar with employment based GCs or how soon can the job be switched?
4) What is the most lasting route for a GC, Employment Based or Marriage? Asking because as seen in 3) the GC can through marriage within 2 years still be revoked. That said, if a marriage is dissolved within 2 years you would loose your GC, if your company is dissolved within 2 years you would not loose your GC making it the more robust path?
Thanks for responding to those hypothetical questions!
1. Is this person still working for the sponsoring green card employer?
2. As long as the I-140 has been approved and the I-485 has been pending for 6 months, there should be no issue switching as long as the switch is to a job in the same or similar occupation.
3. See above.
4. That's really impossible to say. The marriage-based is the more certain if a valid marriage.
To 1) Yes the person is still working for the sponsoring green card employer.
May I add 5)
green card application still pending when getting married to a US citizen, then a few months after wedding getting response for application that it was denied. Can the person still apply for a green card through marriage even if they are married for a while without having applied right after?
Here is the background: Let's say someone is working as a software engineer under H1-B but also under the GC EB-2 process. A while back the I-140 Immigrant Petition was filed and approved, in parallel the I-485 Adjustment of Status (AOS) application was filed but remains pending. In the meantime USCIS has taken fingerprints and issued a combined EAD/AP card which serves as valid work authorization and travel authorization for a year. A I-797C notice stated that the case/petition was transferred to the National Benefits Center. No notice for an interview was received yet.
Here are my questions:
1) This process, with getting the perm through the employer etc. is already taken almost 2years. Now that there is the EAD card with I-512 Advance Parole is it possible to leave the country without the risk of getting the case denied at re-entry?
2) Let's say there are job offers from Apple, Google and Facebook. When can the employer switch jobs without jeopardizing the GC process (which has the I-485 still pending and no GC interview notice yet)?
3) How long after the GC was received does the employer have to stay within the current company that sponsored the GC? E.g. for marriage based GCs there is a period of 2 years, when getting a divorce within that period you would also loose the GC. Is there something similar with employment based GCs or how soon can the job be switched?
4) What is the most lasting route for a GC, Employment Based or Marriage? Asking because as seen in 3) the GC can through marriage within 2 years still be revoked. That said, if a marriage is dissolved within 2 years you would loose your GC, if your company is dissolved within 2 years you would not loose your GC making it the more robust path?
Thanks for responding to those hypothetical questions!