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Vijay0607

Future change from EB3 EAD to EB2

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2009:
I applied my green card application in EB3 category in 2009
> PERM approved
> I -140 approved 

2014:
Again separately filed green card application in EB2 category with same employer
> PERM approved
> I -140 approved - priority date ported from first application

2019:
> applied for EAD based on application date on EB3 category in January.
> got EAD on 2nd August 2019.

Questions:
a. can I start working for new employer? (since 180 days are already over from date of filing 485 & 765)
b. can I re-use my EB2 application:
  1. if EB2 date becomes current while working with same employer? 
  2. if EB2 date becomes current while working with new employer? 
  3. if yes, what is the process? 

 

Edited by Vijay0607

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a. Yes, based on activation EAD. Make sure to have same or similar SOC code for new job.

b. It does not matter whether you will be working for old or new employer. This is because, I-485 process is independent of employer. You filed it, not the employer; they may have paid for it but it was your only.

When/If you change employer, with new employer, you will have to file I-485J (3 page small form) that will be signed by your employer saying that you will be employed by them after receiving Green Card. All other documents and process remains the same. At the point of interview, you will asked to show similarity between two job functions.

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a. Yes, but in a job similar to the EB3 job for which you got the initial I-140 approval.

b. No. Either you start the EB2 job with the EB2 job sponsor when the dates are current or get a new sponsor to file again.

This is a very complex matter with many pitfalls. 

Kindly discuss your intentions with a lawyer.

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