Currently on H1B, applied for work permit(family based). Want to change employer

V

vajahat555

New Member
Hi,
I am currently on H1B visa and got married to a girl 2 years back who was a green card holder. Now she has got her US citizenship and is now a US citizen. Recently I applied for the adjustment of status along with employment authorization in the family based processing category to the local BCIS office. I got a letter from the BCIS office that I will be getting my work permit in 90 days period and the interview and fingerprinting will take another 2 years. My question is: ONCE I GET MY WORK PERMIT CAN I CHANGE EMPLOYER AND WORK FOR OTHER EMPLOYER??? IF YES THEN DO I STILL NEED TO DEPEND ON H1B VISA TILL I GET GREENCARD??? DO I HAVE TO TELL THE NEW EMPLOYER TO DO A H1B FOR ME??? OR CAN I SIMPLY CHANGE THE EMPLOYER WITHOUT ANY NEW H1B??? SINCE MY ADJUSTMENT OF STATUS APPLICATION IS UNDER PROCESSING WILL I BE LEGAL HERE IN US TILL I GET MY GREEN CARD???
Please let me know as I have a good oppoptunity.
Thanks in advance.

Regards,
vajahat
 
Yes, you can change employer once you receive work permit (EAD). You no longer need to depend on H1 and will also lose H1 status once you use the work permit to seek employment. Since your green card is based on marriage to a US citizen, your green card will stay in process as long as the marriage is valid and stays valid during the time GC is under process. Moreover your GC will be conditional for 1 year after which you need to apply for removing the conditions.
You remain in legal status in the US while your GC is under process.
 
new question/concern

Hi, Thanks for the answer to my question. I have another question: I filed for "EAD" and "adjustment of status"(family based, spouse:US citizen) in chicago as I am a resident of chicago. I still have 30 more days left for the 90 days period to get my Work Permit. My new employer whom I will be joining shortly is based out of New Jersey. The new employer does not want to wait till I get my "EAD" and says that he is willing to sponsor for my H1B visa and willing to transfer my H1B visa from the old company to the new company:

1. If the new employer applies for H1 transfer out of newjersey then will I loose my case(EAD/adjustment of status) in Chicago as i will become resident of newjersey and no longer be a resident of chicago???
2. If I allow the new employer to transfer my H1 visa and start working for him and dont inform INS about the transfer will it create a problem for me at the time when I go to get my work permit in chicago and also at the time of Intervirew for Greencard???
3. If somehow I persuade the new employer to wait till I get my EAD and after getting EAD quit my existing employer(he will cancell my H1 visa once I quit) and then I start working for the new employer(since I will then have EAD, I guess i dont require H1B transfer anymore??) and move to newjersey , then will my case(of adjustment of status) get transferred to NewJersey and further delay the processing???? OR can I still continue processing in chicago eventhough I work in New Jersey???

I am struck in a kind of situation where I dont know what to do and also dont know what to tell the new employer and also at the same time do not want to loose this opportunity:confused: . Please advise....

Regards,
vajahat
 
Currently on H1B, applied for work permit(family based). Want to change employer

why arent anyone responding to my question?? did I ask anything wrong?? or is it bcoz no one knows the answer????

--vajahat555
 
Re: new question/concern

Your H1 transfer will have no impact on any pending adjustment/EAD or other applications. If you get EAD, you can start using it. If your employer is willing to aply for H1 transfer, you can work only after you receive the H1 transfer receipt notice.
Your work has nothing to do with your Adjustment of status since it is family based.
 
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