Employer Change while waiting for EB3-to-EB2 I485 Approval


Dattguru

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While i am waiting for my EB3 I-485 approval ( EB2 Labor + EB2 I140 approved + EB3 PD ported successfully to EB2 I140 ) can i :-

1. Take a new Full Time Job on my EB3 EAD ?

2. Will i need to file AC21 in such a scenario ?

3. If a RFE is raised on my pending I-485, what will be my options to respond to such a query ?

Murthy Gurus - Thanks in Advance

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1. EAD is not tied to your category. It is tied to your I-485, which may change categories. You can take any job on EAD, it's completely legal. The question is consequencies to your green card petition.

2. Not clear if you are eligible for AC21.

3. Well, that would squarely depend on the RFE.

Also, your first sentence makes little sense, especially, when combined with your first question.

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Belle,

Sorry for the incorrect format of my question !!

Let me re-frame my sentence.

Eb3 - Labor Approved October 2006 ( EB3 PD - Oct 2006)

Eb3- I140 Approved Jan 2007

Eb3 - I485 filed in July 2007 - I485 Receipt Notice Received / EB3 EAD received / FP Completed

Employer Changed in 2010 - Restarted new EB2 process in 2010

AC21 - Filed by new Employer

Eb2 Labor Approved March 2010

Eb2 I140 approved October 26, 2011 + PORTED PD of EB3 to EB2 I140

Attorney Says - No need to file I485 under EB2 category because my I485 in EB3 should be approved as per the porting of PD while filing EB2 I140.

So while i am waiting for my I485 approval, can i take a new Job on my EB3 EAD ?

Thanks in Advance for your responses !

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"Attorney Says - No need to file I485 under EB2 category because my I485 in EB3 should be approved as per the porting of PD while filing EB2 I140."

That's correct.

"So while i am waiting for my I485 approval, can i take a new Job on my EB3 EAD ?"

Again, this question makes no sense. It's like asking - can I ride in my 1500cc engine side car (engine refers to the I-140, motorcycle to I-485, and sidecar, which attaches to a motorcycle to EAD)?

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Belle,

Let me reframe my question ""So while i am waiting for my I485 approval, can i take a new Job on my EB3 EAD ?"

I want to take a new Job,because my current employer , who filed EB2 Labor has been sucking money from my pay checks to recover his losses . He knows that i won't leave him until my I-485 is approved.

I am frustrated with this monthly pay check cuts in my salary . My PD is October 2006 . I am just waiting for my I-485 approval. I don't know when my I-485 will be approved.

Since i have an EB3 EAD, i wanted to know if i can use it to take another Job.

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You need to talk to a labor lawyer, and if he is not paying according to H1, an immigration lawyer. Backpay is serious issue, and there are lots of remedies.

"Since i have an EB3 EAD,"

No, you don't. You have an EAD, period. It has no category. Just like a sidecar has no engine. As long as your I-485 is pending, your EAD is valid and you can get extentions. As long as you have your sidecar attached to a motorcycle, it will go places, otherwise, not. Does this make sense?

You can take any jobs with EAD at any time. You can go a work a shift at a bar at night, if you'd like. There are no restrictions. Of course, you don't want to put your I-485 in jeopardy, but even if you do so, your work is still authorized and the job of itself is not an issue.

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  • 3 months later...

Belle - Thanks for this nice explanation (analogy to sidecar is really enlightening :))

I have an additional related question on this topic.

I'm trying to port to EB2 (from EB3 India) and I-485 pending for > 180 days (since Aug 2007). My EB2 PERM (working with them currently) just got approved and attorney is in preparation to file I-140 in few weeks. Questions:

1) Do I need to stay for another 180days once EB2 I-140 is approved? or can I change employer once I-140 is approved? Does anything related to AC21 comes in picture here?

2) What happens if my EB2 employer gets rid of me while I-140 is pending or approved?

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