Can i not work until i get my GC?

K

kk2004

New Member
I had applied for labor certification in Sept96 from out of status, under EB3, got it approved in 2001.Then I Applied for I-140, got it approved in 2003.I am covered under 245(i), so I applied for I-485, EAD with $1000 fine, job offer letter and all other required doc's in Sept 2003. I got my EAD in 0ct 2003.
Now my question is do I have to work for my employer with EAD at least for 180 days or do I have choice to wait till I get my Green Card, without prior working to my employer and what are my choices at this point!
 
1. Since you have an approved I-140, you can probably invoke AC-21 (American Compettive Act in the 21st Century) and swtich jobs after 180 days of filing your I485. The new job should be in a same or similary category. You can still stay with your current employer until your PR is approved.

2. If you get laid off while your I485 is pending, you are technically ok as long as your petition is waiting to be adjudicated. However, you may get an RFE asking for employment verification. At that point, you will have to respond favorably or your petition may be denied.


rgds,
sadiq

p.s. this should not be construed as legal advice
 
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