Can I using existing EAD working for new employer?

Dr. William:

I have my I-485 petition pending for 6 months and I applied EAD card based on my I-140 approval. If I want to change job at this time, do you think I need to apply a new H-1 for new employer or I can using existing EAD?


A:

According to new USCIS rule and AC-21, an I-485 applicant may change jobs after 180 days have passed since their I-485.  In order to change jobs, they should (not must) write USCIS notifying them of the job change to a job that is similar to one on which the I-485 is based. 

In your case, since it is after 180 days, you should be able to join new employer using existing EAD, but getting an H-1 for the new employer is safer in case the I-485 is denied.

Also, the new job should be similar to the job described in your I-140 petition. The USCIS may assess whether the two jobs are similar.  If they are not similar, USCIS could deny your I-485 application.  

 

     

 

 

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