switching jobs while i-485 pending

O

origin72

Registered Users (C)
Hi,

My wife filed her I-140 / I-485 / EAD on Dec 10, 2003. I am filing as a dependent. However, she currently has got a job offer from another company that she would like to join.

1. Assuming that she has her EAD in sometime (maybe in 3 months), when could she change her current employer?

2. Does the I-140 have to be approved for her to change her employer (since she filed concurrently) ?

3. If she joins the new employer, can she join on an H-1 and not use her EAD?

4. Does she have to submit something to USCIS if she changes her employer?

Thanks a lot!!
 
1. After EAD approval would be the safest route. Theoritically she can file for h1/L1 transfer too, but not advisable
2. It is better to wait for I140 approval before changing jobs, just for the reason that GC sponsoring employer can withdraw I140 which might abort the GC
3. Yes
4. It is recommended, see the AC21 Portability forum for more opinions and experiences.
 
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