Will Taking a new Job Offer using EAD
Save My Pending I-140/I-485 in EB-1C Category? 

Dr. William:

In Italy, I was in charge of management of the company's financial activities, and my job title was Financial Controller. Now, I am working for the U.S. parent company which is in garment industry. What happens if my current employer's sale of its Italy operation is completed and they lay me off in the US? Will taking a job offer from another company using EAD (work permit) will save my pending I-140/I-485 in EB-1C category? 


Answer:

Since your I-140 has yet to be decided, you should be aware that if you work on EAD without any nonimmigrant status and your I-140/I-485 is denied, you cannot stay in the U.S. In this regard, keeping a nonimmigrant status rather than using EAD may be very important for those who change job while I-140 application is still pending. 

You may talk to your new employer to see whether they are willing to file a H-1B petition for you. If you earned a master's degree in any fields in the U.S., you can file your H-1B petition regardless of the H-1B cap.

 



 

 

 

 

 

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