Ead

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gc_123

Registered Users (C)
Hello,

I am currently working on an employment-based EAD (EB3 I485 filed in June 2004). Recently, my wife became a US citizen and I sent my I130 last week based on marriage to a US citizen. I plan on interfiling my I485 once my I130 gets approved. In the meantime, I got a nice job offer from a Big Company. I would like to accept this offer. Do you guys see any problem with me joining the new company? I would like to join in the next few weeks. Do you guys see any problem with that. Your responses are greatly appreciated.

Thanks,
gc_123
 
f1study, are you sure? I am going to use my employment-based EAD based on the fact that my wife is now a US citizen and I've applied for my I130? Any one else in a similar situation?
Experts please advise.

Thanks
 
Why not? As long as you have EAD, you can work legally.
Your pending filing makes your presence in US legal, and you can renew EAD (if it expires) if you have pending I485 I130. So you're in perfect situation.
 
Good luck, it was a proud moment for my wife when she received her EAD. Which by the way, opened the weay for obtaining her Social Security number and card.
 
File a new I-485 once you get the I-130 receipt; don't interfile. Interfiling an I-485 from employment-based to family-based is a hit-and-miss situation; for some people it is accepted, others they are ultimately told by USCIS to file a new I-485 (and this often after a long delay, not up front).

The new job could be a problem if it does not satisfy the AC21 "same or similar" criteria. In such a scenario, if the employer revokes the I-140, AC21 would not protect you and the I-485 would get canceled, and ultimately the EAD which was based on that I-485. That could mess up your employment situation.
 
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