Change of jobs after applying for I-485 before receiving GC

[Pedro Gonzales]

Here's my situation

EB2-I (PD Apr 2008), I-140 applied, H1-B 3 yr extension after initial 6 yr period in process - should come through soon (premium processing)

Here' a hypothetical

In the Sep 2011 VB (issued in Aug) EB2-I PD goes past Apr 2008 (and I apply for my I-485 on Sep 1 2011), In Oct 2011 VB the dates retrogress to Dec 2007. I presume I then get by EAD around Apr 2012.

Here's my question

Can I switch jobs in Oct 2011 (given that I have 3 years left on my H1B) immediately after applying for the I-485 or do I have to wait until I get my EAD or even x days after receiving my EAD?

Any input appreciated. I presume there are a bunch of people on this forum that had the same situation arise in July 2007 that can respond.

[Belle]

You can change jobs at any time provided that you have appropriate work authorization (EAD or H1 in the nmae of the new employer). What happens to your green card application, however, is a different matter. I think, you asked the wrong question. Read about AC21 if you meant to ask about green card portability (green card portability by itself does NOT provide you with work authorization).

[Pedro Gonzales]

Belle,

I guess my question was incomplete. I should have asked, "Can i make the job switch immediately after applying for the I-485/EAD while still retaining the validity of my existing green card application?" I will have a valid H1-B that the new employer would take over. The question is would i need to restart my green card application or will I be able to keep the previous application ongoing.

Pedro

[Pedro Gonzales]

I researched AC21 provisions, so I now understand that to avoid having to restart the process (starting again from the PERM), I'd need to wait 180 days after applying for the I-485.

That changes things, I'll make my move now and restart my GC process.