Changing Job with Approved EAD (Adjustment of status)

[playersof2021]

Hi All,

I am sure this is asked many times. But wanted to understand the complete process.

I recently received my EAD based on pending I485. The EAD/I485 was applied on October 2020. The PD is still not current for me and hence GC may be delayed.

I now have an offer to move to another employer. I am trying to understand the risk in moving job with my EAD while by GC is pending

1. Is it better to move in EAD. I understand employer has to file I485 J. Any other precautions to be taken?

2. Should i request for h1B to be filed instead of moving in EAD. I am still in my H1B

3. Should Job Description match the PERM? It may not match 100%.

4. My GC is filed by attorney from current employer. THe new employer may have their onw attorney. Any information we will need from current attorney?


Thanks

[rkk09]

Hi,
Please see my answers below.
1. Is it better to move in EAD. I understand employer has to file I485 J. Any other precautions to be taken?
Answer: Nothing issue, if your Adjustment of status petition is pending more than 180 days. You can move to different Employer. As you mentioned, you will need to consider only Supplement J.
2. Should i request for h1B to be filed instead of moving in EAD. I am still in my H1B
Answer: It is always recommendable, if you maintain nonimmigrant status during your Adjustment of status petition.
3. Should Job Description match the PERM? It may not match 100%.
Answer: You will need to cross verify with Attorney with the help of Job duties and SOC codes and other requirements as per PERM.
4. My GC is filed by attorney from current employer. THe new employer may have their own attorney. Any information we will need from current attorney?
Answer: You may need only receipt numbers and offered job details. Other than that, I dont think, you will need any other additional info from them.
Thanks

[randUser9]

1. Is it better to move in EAD. I understand employer has to file I485 J. Any other precautions to be taken?

2. Should i request for h1B to be filed instead of moving in EAD. I am still in my H1B

3. Should Job Description match the PERM? It may not match 100%.

AFAIK,
- for EAD, new employer needs to file I485J. There's a job description code that may need to match.
- If you moved using H1B, your application might need to be ported to new employer/sponsor, which would be a bigger task.

It might be best to consult a lawyer.

[playersof2021]

Thank you all for your feedback. I am now concerned about few other questions when moved to EAD. In fact I agreed to the new employer to move with my EAD. Still waiting for final offer.

I assumed that I will be eligible for Green Card by October/November 2021, when I accepted to move with my EAD. Clearly that is not the case and it is now announced, the EB3 may not move beyond Jan 2014 for the fiscal year 2022. (My PD is March 2014).

Now there is no tentative date as to when the data will be current.

1. How long does it normally take for the EAD/AP renewal? is there a premium processing for it?

2. Can I travel when my EAD/AP renewal is in progress? What happens if I travel and I need to re-enter?

3. Worst case, what is backup if i485 itself is denied?

Thanks

[Andrew829]

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