Change job when EAD renewal in progress?

[rolltide]

Hello,

Hoping someone can help me with my situation. I am on EAD/AOS status as part of I485 application.

Currently, I am employed at Company A but I have one in lifetime offer in hand from Company B. But my EAD/AP was up for renewal so I had asked for 3 weeks before I accept offer. My current EAD card is set to expire in February.

Finally attorney at my current Company A has filed the necessary paperwork for EAD/AP extension. And Company B has been pestering me for joining date, I don't think I can extend timeline on the offer anymore so I am considering changing the job now.

Is it advisable to do so even without getting receipt notice from USCIS?

Any advice in this matter is high appreciated.

Thanks!

[miiki]

First, why is your job filing for EAD? That's strange.

Second, your company's attorney may have received the receipts. They really don't take more than 2 weeks or so.

Third, you can take the job, you aren't tied to any employer. If your company's attorney didn't file or file in time, the new (or the old) company won't be able to verify your authorization to work. I would start pestering that attorney for receipts and making sure they filed correctly or at all.

[rolltide]

Thanks for the reply. It is common for attorneys at employer to help with EAD renewal process.

My current EAD is valid until Feb 12, but renewal paperwork was literally mailed today to USCIS so I am sure attorney's don't have receipt from USCIS yet. My current employer requires 2 weeks of notice and new employer has been waiting for over 3 weeks now for paperwork to be done and getting impatient.

I would like to give notice to current employer and start working for new employer as soon as possible (~2 weeks). In that case I might not have receipt form USCIS before I change employer.

So, I just wanted to ensure it is safe to change job while renewal is in progress, without receipt in hand.

[scientist2016]

Thanks for the reply. It is common for attorneys at employer to help with EAD renewal process.

My current EAD is valid until Feb 12, but renewal paperwork was literally mailed today to USCIS so I am sure attorney's don't have receipt from USCIS yet. My current employer requires 2 weeks of notice and new employer has been waiting for over 3 weeks now for paperwork to be done and getting impatient.

I would like to give notice to current employer and start working for new employer as soon as possible (~2 weeks). In that case I might not have receipt form USCIS before I change employer.

So, I just wanted to ensure it is safe to change job while renewal is in progress, without receipt in hand.

Though it is common for employer's attorneys to help you with EAD filing/renewal in the case of EB petitions, it is not manadatory. Your EAD is associated with your I485 which you filed for yourself, not with the I140 which belongs to the employer. So, you could have changed jobs whenever you wanted. However, I am assuming this is a EB petition. If that is the case, you should be mindful of job portability, etc., or else your current I485 petition might be rejected by USCIS.

[rolltide]

In regards to above offer at Company B - Does the job with new company also needs to be H1B eligible? Meaning they have done job postings, etc for that position to hire H1B employees or not?

Thanks!

[miiki]

It is safe to change jobs as long as the EAD is based on the I-485 (Category c(9)) and not an employer petition.

[VSAI826]

Travelling on expired OPT EAD and extension application pending

First, why is your job filing for EAD? That's strange.

Second, your company's attorney may have received the receipts. They really don't take more than 2 weeks or so.

Third, you can take the job, you aren't tied to any employer. If your company's attorney didn't file or file in time, the new (or the old) company won't be able to verify your authorization to work. I would start pestering that attorney for receipts and making sure they filed correctly or at all.

I have a completely different situation but hoping for replies from experienced people like you

My current OPT EAD expires on Feb 11th and I was going to apply for extension this week. I was planning to travel abroad on Mar 2nd and will return on Mar 8th. If I don't receive an acceptance letter by the Time I reach back to USA. Will the immigration officers allow me back to USA? I have all the other related documents like paystubs, offer letter and Valid H1 Visa. Any response will be highly appreciated.

[rolltide]

It is safe to change jobs as long as the EAD is based on the I-485 (Category c(9)) and not an employer petition.

Thank you again for all the replies and support here.

One last question - what paperwork does Company B need to do when hiring me on EAD? It is startup so they don't have lot of experience in this regard. I want to make sure all paperwork is done accurately.

[miiki]

You’re EAD through I-485 is not employment based. You’re allowed to get jobs anywhere just like anyone else. The company doesn’t have to do anything except verify that you are authorized to work like they would for any other new hire including US Citizens. The EAD is a list A document proving identity and authorization. You’ll just need to show them your EAD and your social security card.

The EAD is valid for for now. They may need the receipt to prove ongoing authorization once your current EAD expires. They may not ask for it. That’s not a problem as long as you do remain authorized.

I’d also like to add that this is only based on the EAD. If you have an I-140 vs an I-130 there may be other rules that would prohibit you from changing jobs. I’m not experienced in adjustments based on I-140.

[AlexanderOgden]

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