Can I use my approved EAD for new employer when less than 180 days?

T

testina

Registered Users (C)
Eb2 LC approved. I-140 ＆485 concurrent filing.

EAD, AP, 140 approved. I485 pending less than 180 days. If I dont care losing my green card, can I still use my EAD to work for new employer? Coz I am getting married and plan to get the green card that way. But the employer wants me to start right away. Can I use my EAD card to work for them or I have to transfer my H1b? Thanks!
 
testina said:
Eb2 LC approved. I-140 ＆485 concurrent filing.

EAD, AP, 140 approved. I485 pending less than 180 days. If I dont care losing my green card, can I still use my EAD to work for new employer?
----------- you can use EAD, better let new employer file H1 tranfer and join once get reciept from USCIS
Coz I am getting married and plan to get the green card that way.
--------- that may also take time
But the employer wants me to start right away. Can I use my EAD card to work for them or I have to transfer my H1b?
---------- I will keep my both options of getting GC(I dont know your PD) and will join on H1
Thanks!
Click to expand...
 
Hi Ginnu,

If PD is the date that I filed my LC, then it's 7/19/2005. If PD is the date that I filed my 1-140 & 485, then it's 8/22/2005 (ND).

The new employer wants me to start from Nov 1st, which is certainly less than 180 days for my 485 pending.

If I do take this job offer, is there any chance to still keep the current green card petition valid? I thought I can't in any way. So that's why I was thinking what's the best way to change my job now.

Thanks a lot!
 
testina said:
Hi Ginnu,

If PD is the date that I filed my LC, then it's 7/19/2005. If PD is the date that I filed my 1-140 & 485, then it's 8/22/2005 (ND).
----------- your PD is 7/19/2005
The new employer wants me to start from Nov 1st, which is certainly less than 180 days for my 485 pending.

If I do take this job offer, is there any chance to still keep the current green card petition valid?
--------------- as you have NOT hit 180 days of I-485 filing and I-140 NOT approved if past employer cancell/revokes the I-140 then you have to start GC process again
I thought I can't in any way. So that's why I was thinking

what's the best way to change my job now.
--------------- if your past employer agree not to revoke/cancell I-140. or after I-140 is approved and I-485 pending more than 180 days
Thanks a lot!
Click to expand...
 
on what grounds your new employer will make you work

they are only using your EAD to get you to work and will dump you once your EAD gets cancelled if your sponsring employer will revoke. if your new employer is willing to file your H1-B without asking you a dime and of course assuming you still have your H status valid then it makes some sense.
testina said:
Hi Ginnu,

If PD is the date that I filed my LC, then it's 7/19/2005. If PD is the date that I filed my 1-140 & 485, then it's 8/22/2005 (ND).

The new employer wants me to start from Nov 1st, which is certainly less than 180 days for my 485 pending.

If I do take this job offer, is there any chance to still keep the current green card petition valid? I thought I can't in any way. So that's why I was thinking what's the best way to change my job now.

Thanks a lot!
Click to expand...
 
You can work on EAD as long as your 485 is pending. When adjudication on that pending 485 starts, that time it would be denied.

However, the EAD itself has no restrictions on employment, such as imposed by H1B.
 
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