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RamuRaja

140 Approved (April 2019) - 485 Pending (EB3) - Got EAD (01/02/2019) - Can I change Job

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Hello,

My i140 Has been Approved in April 2019, i485 is Pending approval (Receipt date 10/01/2019) and just a week back we got our EAD, I have following questions, I am on a Valid H1B and have not yet moved to EAD. 

1. Can I (Should I) change Job to a new employer as my current employer is skimming off lot of $$$ (confused about the 180 day rule), what all precautions I have to take into account, New employer are not Immigration savvy. 

2. Can i still be on H1B for my FT job but work part time with someone else based in the EAD

3. Can I open up my own IT Company and work on independent projects and employ people, all the time keeping my FT job on H1B?

Thanks and Appreciate your responses.

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On 1/6/2020 at 5:22 PM, pontevecchio said:

You can work for multiple employers based on the EAD or with H1 petition approvals for each and every employer.

Thanks for the Response, What is the 180 days rule? its very confusing, so USCIS says

Per the AC21 Portability Act, USCIS permits foreign nationals to change jobs during the pendency of I-485 , if:

1 . The proposed employment is in the "same or similar" occupational classification

2. That I-140 has been approved, or is approvable when filed concurrently with I-485

3. That Form I-485 has been pending for at least 180 days.

#1 and #2 are understood, but My situation is I got my EAD 1 week back and I-485 receipt Oct 2019,  so it does not full-fill #3 so can i still change my job to a different employer If i want to use EAD, I know i can transfer my H1B?

Thanks

Edited by RamuRaja

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Although the EAD provides the flexibility to work for multiple employers, the Green Card and AC21 portability requires one full-time job offer of employment in the same or similar occupational classification as the original job offered. One can have other jobs as well, but the AC21 job is necessary because of the I-485.

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