I140/ I485 pending; EAD/AP received; Can I change jobs?

desiyaar

Registered Users (C)
I140/ I 485 pending;
EAD / AP received 2 months back.
6thYear on H1 to start in few days.

Is it possible to change employment at this stage?
If not, when is it safe to switch? What if one is laid off during this time. What are the options?

I have heard I can change job, if I485 is applied for 180 days. Is this correct? Does I140 need to be approved prior to that? What if one takes unpaid leave for couple of months during this time to visit home country?

Since my EAD is approved and I have valid H1 until next year -- is it advisable for my wife to work on EAD? Do I loose my H1 because of that?

Please help. Detailed answer with various options would be very very helpful. Thank you!
 
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Portability Question:
You can use AC21 ( Regulation on Moving to another job i.e Portability) if both the following two conditions are satisfied:
1) Your I-140 should be approved and
2) More than 180 days have passed since you filed your I-485.

You cannot change jobs (legally) if your case does not meet both these condition. I have seen posts in this forum where people have changed jobs without meeting the two conditions. It is a risk and you should be aware of the legal implications.

EAD Question:
Your wife can work on EAD. Since I-485 petition is an independent petition, I do not think that you will loose your H1b if your wife uses her EAD. However you would loose your H1b if you start using your EAD. Now this is only my opinion and I am not a Lawyer. Better to take professional opinion on this.
 
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