FTE position after getting EAD

[Anil_Ohio]

Hi Experts,

I have recently applied for I-485 and so I have two questions,

1) How soon the applicant can take FTE position after getting EAD ?

2) Also, how soon my wife can take up a FTE position.

Please let me know.

Thanks very much in advance.

Anil Kudumula

[freakjobs]

you can take it anytime, but please remember you wont be able to invoke AC-21 unless your 485 is pending for more than 180 days. Assume if your 485 is approved with in 180 days then you have to join your employer back and ensure that the position is still valid. Too many variables, please consult immigration attorney.

I think your wife is free to work on EAD provided there is a prospective employer

[Belle]

You need to have your case reviewed by a lawyer. Different types of green card filings have different rules. It is also not clear what you mean by FTE.

[Anil_Ohio]

Thank you freakjobs & Belle

Guys, apologize for the confusion, but let me expalin the scenario little bit in detail. How long the applicant need to stay with the Current company after I-485 is approved ?

Reason for asking this is, one of my friend told me that, the applicant need to stay for 180 days with the current employer (after I-485 is approved), and the applicants wife does not have any restriction.

@Belle I mean FTE = Full Time Employment.

Thanks again.

[Belle]

Well, you have to have full time employment (or job offer) to file for EB green card. It's the law. By the way, full time means 40 hours a week. Part time genrally is less than 35.

When you file I-485, you certify that you intend to stay with your sponsoring employer indefinitely. You may change your intent if your I-485 is not approved in 180 days, but if it is approved, you are supposed to work for the employer unless the circumstances change. Filing I-485 while waiting to jump ship is immgration fraud, to be honest. If you would like to change your job, you should try to start a new process with the new employer. All of the above is only applicable to EB green cards when employer needs to sponsor the applicant. If you have a national interest of some other type of petition, this may not even apply to you.