Working while EAD pending

amar_md

Registered Users (C)
I am on an h1b but planning to change jobs.
My question is

If you have a pending I-485 based on an approved I-130 petition, (married to a us citizen) is it o.k to work while you are waiting for the EAD?
 
Two thing, firstly if you don't change jobs and your H-1B remains valid, then its perfectly legal to work while you are waiting for your EAD.

If you quit your job then your H-1B becomes invalid meaning you no longer have authorization to work. The main problem this poses is that any employer who knows how to fill in an I-9 won't employ you.

However if you do find an employer that will give you a job despite not having a valid work permit, the legal implications are not as black and white as qq2000s would have you believe. The fact is that it is illegal for an employer to employ you, so really they are breaking the law, not you.

Also, and most importantly: USCIS cannot hold against you any illegal work while adjudicating your Green Card because you are married to a USC. So even if you do work illegally, you are "forgiven".

My advice however would be to stick with your H-1B job until you get your EAD.
 
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