Change jobs while pending I485 as a dependent/derivative

rohitbakshi

New Member
Hi all,

My wife's I485 is being filed (along with I131, and I765) as part of the October priority date movements. I am applying with her as a derivative/dependent, and my I485, I131, I765 is being filed concurrently as well. I have my own H1B visa valid until 2022.

Can I change jobs any time OR should I wait for the EAD to be approved as well (i believe the wait time is about 5-6 months)? I realize that my wife cannot change jobs until her EAD is approved (i.e. the next 5-6 months), but wondering if the same applies to myself as well as a derivative/dependent?
 
There is no requirement that you work at all, as far as I-485 is concerned. But if you are to work for another company, on what basis would you be authorized to work? If you don't have EAD, then you only have your H1b status to work, so the new employer would need to be one that is able to transfer your H1b to them. If you can find such an employer, then sure you can change jobs.

And even for your wife, it isn't necessarily true that she can't change jobs. She's not required to have a job for her I-485, but if she stops working for the employer that petitioned her, they might withdraw the I-140 petition. If her I-485 has been pending for more than 180 days, then a withdrawal of the I-140 doesn't affect her I-485 as long as she's working in a similar job. If her I-485 has been pending for less than 180 days, then they have to not withdraw her I-140 and still offer to employ her in order for her to immigrate (but they don't need to currently employ her).
 
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