Chris83

Hi here folks!

Got a couple of questions I was hoping you might be able to help with.

In April I started the green card process through marriage to my USC wife. Had my biometrics appointment a few weeks back and we are now waiting to be called to interview in the NYC USCIS office. To be clear, I filed for AOS and also applied for work authorization. (I am currently on an H1B that expires in my passport in October but could renew for one final year to October 2015 if necessary for work.)

As my wife and I are expecting a baby, there are a couple of things that we are looking into and want to make sure we fully understand any impact on the current green card process... And obviously we want to make sure we don't disrupt that.

1. Name Change
Can my wife change her name at the moment? Our baby is due in October and we want to make sure her name is my surname on the birth certificate. At this point, would an official name change affect my green card application?

2. My Work Situation
With a baby on the way, finances are now more important than ever. If I was to be offered a new job now, before green card Interview, would that affect my application? Would a company just want to extend my H1B if they wanted to hire me or should I wait for my EAd? Is there any chance that that could come before my green card (assuming all goes to plan with it)? The reason I ask is that I have come across a very interesting proposition that ideally I don't want to pass up on if offered.. But won't do anything that negatively affects my green card application.

Thanks in advance for any help!!

Noorah101

Your wife can change her name. It has no effect on your AOS.

If you want to work for a new employer, you need either an EAD or green card in hand. It can take between 60 - 90 days to get the EAD in hand after filing AOS. It can take about 6 months to get your AOS interview.

Some people get their green card before the EAD shows up, if they end up with a speedy AOS.

For now, it sound like you aren't eligible to change employers (unless there's a way to transfer your current H1B to a new employer...I have no idea about that one.

Don't forget if the baby is born before you go to your AOS interview, the household size changes to 3, so a new I-864 will be needed.

Rene

Chris83

Thanks Rene - our baby is due in mid October and we files on April 28th so I really hope we get our AOS interview before then. We are now in the period where everything goes quiet for a while and we are just waiting, but had no idea about that I-864 point! Thanks for the info.

As for changing a job, we filed something like 50 days ago so hopefully that's not too far off on the EAD. Is it totally separate from AOS then? Does it just get get voided if one were to by get a green card? (Obviously that is not something we are thinking about!!!!)

Thanks again!

Noorah101

The I-765 application for EAD is usually sent along with the AOS package, hopefully you did that. Usually the EAD shows up before the AOS interview, but sometimes not, if you get an interview fast.

Once you have the green card in hand, you no longer need the EAD, because US PRs are allowed to work without needing separate authorization.

Rene

Chris83

Thanks Rene - i did submit the I-765 at the same time so hopefully that will come through earlier and i can make work decisions.

Cheers!

PS, thanks for the name change info!