Job and role change on EAD

[gentleman33]

My employer has filed for my green card in EB2 category. I filed for I-485 on March 16, 2012. I got my EAD on April 24, 2012. It's been almost a year since I got my EAD. However, I have not used my EAD. I am still on H1B which is maxing out in Jan 2014. I have renewed my EAD recently. It is valid for 2 more years.

I am planning to change a job. I am looking for higher position than my current role (which would be somewhat similar to my current role) or I am also looking for a totally different role. I heard AC21 only allows same or similar role. My questions are as below:

1) Can I jump to a different role using my EAD? Will this cause any problem in my I-485 approval? I am more inclined towards taking up a new role.

2) If I decide to jump to a similar or a different role, should I file AC21 after jumping to a new job? Will my employer do this or do I have to do?

3) My employer has not given me the I-140 approval notice or form 9089.Can I jump job without this? Will not having these documents cause problems in my I-485 approval after I move to another employer?

4) Can my current employer revoke my I-140 even if it has been more than a year since I filed my I-485?

Your help is highly appreciated. Thank you!

[Belle]

1) You can work in a different role using your EAD. If the role is truly different and the USCIS finds out, your I-485 will not be approved. I am going to recommend talking to a lawyer. A lot of times what seems different to the applicant is similar in the eyes of a lawyer.

2) You are using AC21 whether you notify the USCIS or not. Only you can do it.

3) You can use AC21 without them. I would recommend filing FOIA request to get more details.

4) Yes.

[gentleman33]

Thanks Belle! Some more questions. Please answer.

1) If my current employer revokes I-140, will that jeopardize my I-485 application?

2) How do i file FOIA request and when is it done (after i jump to a new job?)?

3) I will talk to a lawyer about the new role i take up. If some of responsibilities match my current role, then do you think it will still a problem?

[rmirza77]

Belle,

In response to my post

I485 pending - Job change from Engineer to Programmer

you mentioned that we can work @ Mc Donalds on EAD. And now you say if USCIS finds out then I485 will be rejected. Can you please shed light on this .

Thanks !

[Belle]

you mentioned that we can work @ Mc Donalds on EAD. And now you say if USCIS finds out then I485 will be rejected. Can you please shed light on this .

Very simple. As long as he maintains a job offer (not actual employment) in a similar profession, his I-485 is protected under AC21. Once there is no offer, the I-485 will be denied (not rejected). He can use EAD to use for whomever he wants as it makes no bearing on his I-485.

[Belle]

Thanks Belle! Some more questions. Please answer.

1) If my current employer revokes I-140, will that jeopardize my I-485 application?

2) How do i file FOIA request and when is it done (after i jump to a new job?)?

3) I will talk to a lawyer about the new role i take up. If some of responsibilities match my current role, then do you think it will still a problem?

1. Possible. You need a job offer in a similar profession to protect I-485.

2. Google.

3. Bring the lawyer a description of your current duties and what those will be in your new job.

[pontevecchio]

On EAD you can flip burgers if you like. But the USCIS may want proof about your job for approving your AOS or not .

[rmirza77]

So basically they need proof for the future employment once AOS is approved.