Are you contemplating a job change while your I-485 Application to Register Permanent Residence or Adjust Status is pending? This can be a tricky situation, full of legal complexities and nuances. You may also wonder about leveraging your approved Employment Authorization Document (EAD) in this scenario. This blog post aims to clarify these issues, but it’s crucial to remember that specific advice should always be sought from an immigration attorney due to the unique nature of every case.
Shifting Jobs with a Pending I-485
In most cases, you can change jobs while your I-485 application is pending. This is due to a statute known as AC21 (American Competitiveness in the Twenty-First Century Act). Under certain conditions, the AC21 allows an applicant to change jobs or employers 180 days after filing the I-485 application, provided the new job is in the “same or a similar” occupational classification as the job for which the original I-140 was filed. However, the job transition isn’t always straightforward. Each case is unique, and it’s essential to consult with an immigration attorney to understand the risks and the procedures involved. There might be complications related to your immigration status or specific obligations to your current employer, primarily if they have sponsored your visa.
Using Your Approved EAD
An approved Employment Authorization Document (EAD), often called a work permit, is a document issued by USCIS that grants its holder the legal right to work in the U.S. If you have received an EAD. At the same time, your I-485 is pending; it can be utilized to work at another employer. It allows you to work for any U.S. employer and any number of hours. Do bear in mind, however, that your EAD does not relieve you of any obligations to your current employer, notably if they sponsored your green card application. Also, while your EAD allows you the flexibility to work elsewhere, your I-485 application is tied to your intention to work in the job specified in your I-140.
Conclusion
While changing jobs during a pending I-485 application can be possible, and an approved EAD can provide additional flexibility, the process is fraught with intricacies. Immigration policies and your specific case details can complicate things further. Therefore, it’s always wise to consult with an immigration attorney who can provide personalized advice and guide you through the process, ensuring that your transition to a new job doesn’t negatively impact your pursuit of permanent residence in the U.S. Remember, every step to attain your green card should be well-thought-out and compliant with immigration laws. A well-informed decision, backed by professional advice, can make the process smoother and lead to a successful outcome.
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