- The lawyers at your employers are incorrect. The approved I-140 is YOURS. They CANNOT use it for anyone else. If the i-140 is NOT approved, then they can kill it and use the underlying PERM for someone else.
The original approval notice is THEIRS, but all you need is a copy of the approval...
- This is when your new employer files PERM and then I-140 and while filing the new I-140, requests to recapture the previous priority date (Jan 2016) and when that becomes current.
- correct.
- Ok. But it could create issues if they come to know about it (in case of a second full time job) - just my thoughts. I would make sure that there is no "conflict of interest" before I take up the second job - irrespective of part/full time.
- I think this is ok.
If your "secondary job" is ALSO full time, then that could be viewed as unfair to your GC sponsor which in turn could your jeopardize your relationship (and also GC) with your sponsor.
- Yes, your understanding is correct and it is not a big deal for the company to update their records. Before you do that, talk to your corporate attorneys as well to keep them in the loop.
- No issues for the GC processing - you are just switching from TN to EAD. And make sure that your EAD...
Working on multiple jobs with the same status is possible -in your case that status will be EAD.
If your EAD is valid for long time (longer than the time remaining on your TN), then it is worth being on the EAD. If you do, you need to notify your "GC employer" so that they update their record.
...But if the same EAD can be used for multiple employers, then keeping the original job in addition to the secondary project is possible using that EAD. @tparvaiz, explore this possibility.
OP's original question was if it is possible to continue his existing TN job while doing another secondary project using EAD. Again, the question is regarding preserving TN while seeking another work status (EAD) - the answer to which is "NO". The question was not whether the EAD can be used or...
You can be only on one status at a time - that said, as soon as the poster starts working on EAD (for a different employer), he will lose his TN status that he had for the first employer.
If you still plan to continue with the "TN employer", you need to abandon your plan to work using your EAD. As soon as you invoke your EAD, you lose your TN status.
Once you switch onto your EAD, you cannot go back to TN (your I485 is pending, right?). That said, if your EAD expires before your I485 is approved (i.e. before you get your GC), you will be able to work only if you can extend your EAD.
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