Can I change job while EAD renewal is in progress?

[tide08]

Hello,

Hoping someone can help me with my situation. I am on EAD/AOS status as part of I485 application. 

Currently, I am employed at Company A but I have one in lifetime offer in hand from Company B. But my EAD/AP was up for renewal so I had asked for 3 weeks before I accept offer. My current EAD card is set to expire in February. 

Finally attorney at my current Company A has filed the necessary paperwork for EAD/AP extension. And Company B has been pestering me for joining date, I don't think I can extend timeline on the offer anymore so I am considering changing the job now.

Is it advisable to do so even without getting receipt notice from USCIS? 

Any advice in this matter is high appreciated.

Thanks!

[care_candidate]

EAD gives you freedom to switch employers. As long as you are on EAD without any gap between two EAD periods you should be fine changing to new employer. It doesn't matter who applies to EAD as it is your own application. If you look closely at form I-765, there is no place for employer to sign.

However, because your employer is bearing application cost for EAD extension, they may ask you to return that.

[pontevecchio]

Join B using the current EAD as employment authorization.

[tide08]

Thank you so much for your replies. Additionally are there are specific requirements around job position provided by Company B? Does company B need to do anything to make it available for EAD holders? I know that for H1B they are some regulations around job postings and proving that company was not able to find talent and so it has to be extend to H1B visa holders. Not sure if something like that has to be done for EAD holders?

And last question - what paperwork does Company B need to do when hiring me on EAD? It is startup so they don't have lot of experience in this regard. I want to make sure all paperwork is done accurately.

 

[pontevecchio]

EAD is Unrestricted Work Authorization. You need to fill up the I9 using EAD as the work authorization.

[care_candidate]

On 12/5/2018 at 12:07 AM, tide08 said:

Thank you so much for your replies. Additionally are there are specific requirements around job position provided by Company B? Does company B need to do anything to make it available for EAD holders? I know that for H1B they are some regulations around job postings and proving that company was not able to find talent and so it has to be extend to H1B visa holders. Not sure if something like that has to be done for EAD holders?

And last question - what paperwork does Company B need to do when hiring me on EAD? It is startup so they don't have lot of experience in this regard. I want to make sure all paperwork is done accurately.

 

They must file form I-485J. Don't know if your first employer did that, as this is fairly new procedure. It is simple two page form that they use in place of letter from employer.