Regarding change of employer


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Hi All,

I have filed my I 485 in Feb-2012, I am still waiting for the EAD, and other documents like the travel document etc.

I want to know when can I change an employer according to the USCIS. ( I have also signed a document with the current employer that I won't change employment for a year after I get the green card: How much value will the document hold)

I am getting some good offers as a full time employee from some companies.

Any replies will be appreciated.



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It's a free country - you can change employers at any time. It may mean that the new employer will have to start a new case for you, but it does not mean that you can't change employers.

You need to show your agreement to an immigration and labor lawyer to see if there is anything the employer can do if you change jobs. Obviously, the employer may (and probably should) withddraw your I-140 if you change jobs shortly after filing I-485 or may complain that did not have bona fide intent to work for them indefinitely when filing I-485, however, it is not clear if you should expect to get sued for breach of contract.

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You will need to wait at least 180 days before you can change the employer (Read about AC21). By law your employer cannot charge you anything for labor certification but for I140 and I485, you will have to pay the money if the document says. And in professional spirit you should pay it too as you agreed to it so.

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