Need help about changing job while I-485 is pending

P

Purplefish

Registered Users (C)
Hi,
My husband and I file filed for concurrent I-140 and I-485 under EB1 (I was added to his application). We got our EAD, I-140 approved 6 months back and I-485 pending for past 6 months. I am working on EAD but my husband is on H1, he has EAD but did not use it.
1.Now can he work change his job after 6 months of I-140 approval and I-485 is pending.
2. After how much time of I-485 pending can he change his job?
3. Can he start working for a new job on EAD or he needs to apply for H1 transfer?
Thanks a lot for your help.
 
Re:

Was your husband's I-140 sponsored by his current employer, or was he a self-petitioner? In the former case, he can change his job as long as 485 has been pending for more than 180 days, and he will have to file AC21 (American Competitiveness in 21st century) when this switch of job happens. In the latter case, my impression is one doesn't have to worry about AC21, though I am not sure. (actually my wife and I are in a similar situation :) )

There a board on "485 and related issues-- portability(AC21)" on this forum, maybe you can find some expert there.

good luck!
 
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