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Applied for AOS from H1 I-130 and I-485 Pending but I-765 (EAD) approved Am i eligible to take a full time offer using EAD?

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Filed: H-1B Visa Country: India

Hello Everyone,

I am very new to this VJ and have seen lot of discussions. I need the experts advise here. Here is a quick background about myself:

I am on H1-B and my 6th year of H1-B falls in Jan, 2012. My wife is a USC and i applied for my green card through family based and sent in my I-130, I-485, I-765 and I-131 on March 22, 2011. Chicago lockbox received the package on March 23, 2011. There was an RFE on my I-485 for a birth certificate. I responded to the RFE and they have re-initiated my I-485. On June 13, 2011 i got a email message that my I-765 has been approved and the status on USCIS shows the following:

On June 13, 2011, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.

Now, my question is: My H1-B is with company A and i am working for company B as a consultant. Now company B is wanting to offer me a full time job and i am willing to take up the job. Now that my EAD is approved, can i use my EAD and take up the fulltime offer on the EAD? If i do so, what would happen to my H1-B. In case my I-130 or I-485 gets denied, what happens to my H1-B status?

Please share your thoughts.


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In terms of taking a full time job with the EAD, yes, you can definitely do that as long as your prospective employer is willing to hire you for a full time position with the EAD, which is a temporary work permit that will only be valid until you have a decision on your green card. If they don't have a problem with that, you are free to take up any kind of employment with the EAD.

As for the H1-B, I am not that familiar with that visa, but maybe someone else can comment on that part more.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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