Future change from EB3 EAD to EB2


Recommended Posts

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

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

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

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
Link to comment

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.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.