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I-130 approved, I-485 pending: Can I change employer once I get my EAD?

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  • I-130 approved, I-485 pending: Can I change employer once I get my EAD?

    Hi all,

    My husband is a US Citizen and we just filed my I-485 two weeks ago, along with an application for EAD (I-765). The I-130 is already approved. I am currently on a Hi-B visa. My questions are:

    1. While I am waiting for my green card, can I switch employers? I expect I will receive my EAD in the next 2-3 months. Is it ok for me to change my job once I get my EAD? I found a lot of posts on this for people who applied for their green card through their employer (I-140) but not for folks like me who were sponsored through their spouse (I-130).

    2. Now that my status is I-485 pending (AOS), can I leave my job i.e. let go of my H1-B status? This would mean that I would be in AOS status - is that legal? Are their any risks involved?

    Thanks for all your help!

  • #2
    Originally posted by pbchai View Post
    My husband is a US Citizen and we just filed my I-485 two weeks ago, along with an application for EAD (I-765). The I-130 is already approved. I am currently on a Hi-B visa. My questions are:

    1. While I am waiting for my green card, can I switch employers? I expect I will receive my EAD in the next 2-3 months. Is it ok for me to change my job once I get my EAD? I found a lot of posts on this for people who applied for their green card through their employer (I-140) but not for folks like me who were sponsored through their spouse (I-130).

    2. Now that my status is I-485 pending (AOS), can I leave my job i.e. let go of my H1-B status? This would mean that I would be in AOS status - is that legal? Are their any risks involved?
    This is a tricky question. Did you apply for an Advance Parole as well? It is important to realize that once you leave your current employer, your presence in the U.S. will be depending on your EAD (and AP, if applicable). I would strongly recommend you to consult an immigration attorney in this case.

    However, I think that assuming your I-485 will approved prior to your EAD expiring, you should be fine. Do remember that if you want to travel, you will need an Advance Parole as well, as you will most likely not be admitted based on your visa.

    On a side note, smart move to marry a USC, rather than depending on an employer to file for a gc :-)

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    • #3
      Thanks Nicoeppersma! I did file for an AP, so I should be able to travel. I know this is a tricky situation, hence the question

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