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chicagoan1982

Received EAD approval notice based on pending I-485 application - Job opportunity/ portability

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Summary: Both my spouse (China-born) and I (India-born) are working on H1B visas with approved EB-2 Employment based I-140's. My spouses priority date became current in December 2018.  I decided to file as a derivative applicant (requesting for cross-chargeability to China category) and did so at the end of Jan 2019.  We had our finger printing in Feb/March 2019. Both of us received approval notices for I-765 (EAD) in the last week of June 2019. 

Question:  If i were to start looking for another job using my EAD, would the "substantially similar job" clause apply to my EAD? Asking because i applied as derivative to my spouses employment-based I-485. Note that my I-485 Filing type / category was  "Employment-Based, alien worker I-140" which identified me as derivative applicant and provided Principal applicants A# and other details.

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Thank you @pontevecchio for your response.

One last query - If my spouse were to find a new job opportunity (keeping in mind "the substantially similar job" clause) after waiting for more than 180 days for an interview appointment, would it effect the pending I-485 petition adversely ?  We were wondering about the implications of a moving to a new job on his part to my EAD renewal (if required).

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I would ask him to make sure a lawyer is on board and so is the new company should he change jobs after waiting for 6 months plus. The best way to make sure a job is similar is by keeping the job description and/or the job duties align very closely to the original job. Your EAD should not be affected.

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