Changing jobs while waiting for physical green card?

A

ajnd80

Registered Users (C)
Hi all,
I have been a pending-AOS parolee for four years, and have used my EAD throughout for showing work authorization. Now, I am switching jobs next week, and was planning to present my EAD as proof of work authorization. However, I got an email saying that my Green Card has been approved, and that I should expect it in the mail in about ten days. Now, is it possible for me to still present the EAD when I start my new job? The EAD was issued on the premise of a pending I-485, which is no longer the case since the I-485 has been approved. Does that invalidate the EAD immediately, or is there some time for which the EAD can still be used? It is unlikely that the green card will show up before the start date. If it indeed does not show up, what can I do? Can I go to a USCIS field office and request a I-551 stamp? I am guessing that they might not 'like' that I am changing jobs, since it is an employment-based petition, but then, I am pretty sure that the job change is 'covered' by AC21 regulations.
In addition to all this, the case status of my case on the USCIS website still shows 'Pending' even though I got an email from the USCIS saying that the case has been approved!

Your thoughts would be appreciated.

regards,

A
 
ajnd80 said:
Hi all,
I have been a pending-AOS parolee for four years, and have used my EAD throughout for showing work authorization. Now, I am switching jobs next week, and was planning to present my EAD as proof of work authorization. However, I got an email saying that my Green Card has been approved, and that I should expect it in the mail in about ten days. Now, is it possible for me to still present the EAD when I start my new job?
-----------You Can as you have not got Green Card in Hand. once you get GC in Hand then update employer HR.
The EAD was issued on the premise of a pending I-485, which is no longer the case since the I-485 has been approved. Does that invalidate the EAD immediately, or is there some time for which the EAD can still be used? It is unlikely that the green card will show up before the start date. If it indeed does not show up, what can I do?
Can I go to a USCIS field office and request a I-551 stamp?
----- Wait few days and if GC does not arrive you can get Stamp from Local USCIS office.
I am guessing that they might not 'like' that I am changing jobs, since it is an employment-based petition, but then, I am pretty sure that the job change is 'covered' by AC21 regulations.
-------- Did you update the USCIS to invoke AC21 BEFORE your I-485 approval? if A filed your LC and I-140 and at present you are working with A it means you are working for the same employer who filed your GC and you should work with A if GC got approved. GC got approved and you are leaving the employer immediately after GC approval don't you think that it is fraud or you never had intent to work with A? if you were eligible for AC21 why you did not join B and sent B job offer letter to invoke AC21 before I-485 got approved? You did not post your full details.

In addition to all this, the case status of my case on the USCIS website still shows 'Pending' even though I got an email from the USCIS saying that the case has been approved!

Your thoughts would be appreciated.

regards,

A
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Jackolantern said:
You had the job offer before GC approval, so you are covered by AC21 (make sure to preserve the offer letter).
Click to expand...

That's correct. The job offer was made to me prior to the GC approval, and it is in the same or similar occupation. As a result, AC21 covers it even though i did not intimate USCIS about it (since AC21 intimation is optional).

My basic question however is whether I can use my EAD to fill up form I-9 and prove work authorization when I start my new job. If the EAD is not valid any more, what option do I have given that it is unlikely that the physical green card will show up prior to my start date.

regards,

A
 
If you don't get the GC before you start the job, just show the EAD. All you have now is an approval email; those emails are sometimes sent by mistake, and your case status still says "pending" so you don't really know if your GC is approved or not.

Then once you get the GC you can show it to them and fill out a new I-9.
 
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