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  • Question regarding employment while I-485 is pending.

    Hi all!
    My I485's been pending for two years now. I'm being sponsored by my boss and have been empoyed by him for 5 years. Can I change my job without being approved for GC? I would still do the same job only for a different company.
    Any info is gratly appreciated, thank you!

  • #2
    Hi all!
    My I485's been pending for two years now. I'm being sponsored by my boss and have been empoyed by him for 5 years. Can I change my job without being approved for GC? I would still do the same job only for a different company.
    Any info is gratly appreciated, thank you!

    Comment


    • #3
      Please somebody with an answer, help!
      Thanks

      Comment


      • #4
        My uderstanding for AOS (I485) is, while the application is pending, the EAD (work permit) is issued, or granted around 90 days after the I485 application is submitted.

        This means, there is no restriction on which employer you work for once your EAD is approved.

        I am suprised you didnt get your EAD yet after all these years - and even if you didnt, why you didn't become aware of these conditions. There is a standard option with every I485 application for EAD requests, you should have filed additional form for the EAD, its not automatically approved by just filing for AOS.

        If this is the case, you need to get hold of an attorney to get the problem fixed.

        Comment


        • #5
          bmmer, what visa do you have? I read something about this where person was told as long as the job was in the same class, i.e. had similar job description it was ok. DO NOT take this as advice, circumstances may have been different from yours, wait for one of the "experts".

          Comment


          • #6
            Under AC 21 (American Competitiveness in the 21st Century) you are permitted, if your I-485 has been pending for 6 months

            Approved Form I-140 Visa Petitions and Form I-485 Applications
            The AC21 §106(c) states:
            A petition under subsection (a)(1)(D) [since re-designated section 204(a)(1)(F) of the
            Act] for an individual whose application for adjustment of status pursuant to section 245
            has been filed and remained unadjudicated for 180 days or more shall remain valid with
            respect to a new job if the individual changes jobs or employers if the new job is in the
            same or a similar occupational classification as the job for which the petition was filed.

            Comment


            • #7
              Thanks so much for your help, you guys are great!

              Comment

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