changing jobs on EB1/EA

[Amir Khan]

Hi,

My company has sent in my petition for I-485 under the EB1/EA category. We
haven\'t yet received the notice. It is possible that I will get laid off before we
receive it. What options do I have?
A) Can I apply for an EAD by referring to the application for AOS?
B) Given that this was a company petition, can I use the EAD (or alternatively,
get a new H1B) from another employer for a similar job requirement, and still
maintain my AOS petition?

I have seen postings in various sites where individuals have claimed that they
have used their EAD to switch to similar jobs with different employers.

Will appreciate any advice that you can give me.

Regards.

 

[kr9]

No Title

>My company has sent in my petition for I-485 under the EB1/EA category. We haven\'t yet received the notice. It is possible that I will get laid off before we receive it. What options do I have? A) Can I apply for an EAD by referring to the application for AOS? B) Given that this was a company petition, can I use the EAD (or alternatively, get a new H1B) from another employer for a similar job requirement, and still maintain my AOS petition?

Company sponsored petitions, associated EADs and APs all become null and void after you get laid off, assuming that the company is not going to hire you after you get the green card. Having said that, if the comapny doesn\'t revoke your I-140, you can continue using the EAD to work for company B till your 485 gets RFE\'d by the INS or you substitute the old I-140 with a new I-140 ... of course, this will be in bad faith on your part ... and although some people have escaped with no consequences before, doesnt mean that this is going to continue in the future.