I am planning to switch my current job. My I-485 is Pending verification and my case is sent to background check. My I-485 was filed in Dec. 2006. Can I apply for EAD and change job based upon the new EAD? Can the employer possibly do anything to stop my GC processing? Can I get the EAD earlier (or something like on interim basis) so that I dont need to wait for approx. 3 months. Is there any restrictions applicable on the type of job I can do on EAD? I'll appreciate any help in this regard.
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Can I switch job on EAD
- Thread starter bos2chi
- Start date
bbqchickenrobot
Registered Users (C)
You can switch jobs whenever you want with the EAD (I'm assuming this is a marriage based AoS). Your employer cannot doanything to stop your GC (again, assuming this is a marriage thing). I don't think you can expedite the EAD process. Usually only takes about a month. Mine took about two months. No restrictions on the type of job - except for jobs requiring govt. security clearance and what not.
1- There are rules for switching jobs away from the institution that petitioned on your behalf. Technically, a green card is awarded based on proposed employment (future), but if you do not plan to work for the employer mentioned on your Labor Certification/I-140, see here.
2- The employer can certainly withdraw your I-485 application if your leaving violates a prior understanding that you would continue to work for them. Whether your employer does so or not is up to them.
3- You can only rush your EAD in extenuating circumstances. Unless you have a real emergency, you will have to wait for normal processing times.
4- If you are invoking AC21 (see link above), you have to work in the same area of expertise as your LC/I-140 suggest. Again, your company may penalize you for leaving if they choose unless you have some prior agreement.
2- The employer can certainly withdraw your I-485 application if your leaving violates a prior understanding that you would continue to work for them. Whether your employer does so or not is up to them.
3- You can only rush your EAD in extenuating circumstances. Unless you have a real emergency, you will have to wait for normal processing times.
4- If you are invoking AC21 (see link above), you have to work in the same area of expertise as your LC/I-140 suggest. Again, your company may penalize you for leaving if they choose unless you have some prior agreement.
Thanks for your informative reply. My case is employment based GC which is what you described in your email. I am not sure if my employer expects me to work for some time after the approval of my GC but they require me to work for some time after the approval otherwise I'll pay the lawyer's fee that accrue during the last one year. In this situation, is it worth sticking to this employer until i get my GC since, as you mentioned, there is a possibility that they can request to cancel the processing. What if I leave right after the the approval of GC? can they possibly request to cancel it (in case they are pissed off) even after the approval of GC?