I-485
Jun 27th 2004, 12:38 am
#1
Forum Regular
Thread Starter
Joined: Dec 2001
Posts: 244
I-485
Is it true that after getting a renewable EAD and after receiving an I-485, an applicant can change employers and stay in the country till he gets his green card.
My point is that does the application become independant of employer after an I 485 is filed?
My point is that does the application become independant of employer after an I 485 is filed?
Jun 27th 2004, 3:40 am
#2
Guest
Posts: n/a
Re: I-485
yr0000 wrote on 6/27/2004 5:38:
> Is it true that after getting a renewable EAD and after receiving an I-
> 485, an applicant can change employers and stay in the country till he
> gets his green card.
The applicant can change employers only when the I-485 is pending for
over 180 days. This was introduced with the AC-21 (American Competitiveness
in the 21st Century) legislation.
-Joe
> Is it true that after getting a renewable EAD and after receiving an I-
> 485, an applicant can change employers and stay in the country till he
> gets his green card.
The applicant can change employers only when the I-485 is pending for
over 180 days. This was introduced with the AC-21 (American Competitiveness
in the 21st Century) legislation.
-Joe
Jun 27th 2004, 12:06 pm
#3
Forum Regular
Joined: Jan 2004
Posts: 53
Re: I-485
Originally posted by yr0000
Is it true that after getting a renewable EAD and after receiving an I-485, an applicant can change employers and stay in the country till he gets his green card.
My point is that does the application become independant of employer after an I 485 is filed?
Is it true that after getting a renewable EAD and after receiving an I-485, an applicant can change employers and stay in the country till he gets his green card.
My point is that does the application become independant of employer after an I 485 is filed?
The short answer: no.
The slightly longer answer: yes in some circumstances, but not before 180 days after the I-485 is filed.
The even longer answer: Provided your I-140 has already been approved, 180 days after you file your I-485, you are entitled (with an EAD) to work in 'the same or a similar occupation' for a new employer and retain your Green Card application. However, the I-140 MUST have already been approved, which will NOT be the case if you have filed I-140 and I-485 simultaneously.
Jun 28th 2004, 2:36 am
#4
Forum Regular
Thread Starter
Joined: Dec 2001
Posts: 244
Re: I-485
thanks guys
Originally posted by marlborobell
[I am not a lawyer, so please don't take my words as gospel.]
The short answer: no.
The slightly longer answer: yes in some circumstances, but not before 180 days after the I-485 is filed.
The even longer answer: Provided your I-140 has already been approved, 180 days after you file your I-485, you are entitled (with an EAD) to work in 'the same or a similar occupation' for a new employer and retain your Green Card application. However, the I-140 MUST have already been approved, which will NOT be the case if you have filed I-140 and I-485 simultaneously.
[I am not a lawyer, so please don't take my words as gospel.]
The short answer: no.
The slightly longer answer: yes in some circumstances, but not before 180 days after the I-485 is filed.
The even longer answer: Provided your I-140 has already been approved, 180 days after you file your I-485, you are entitled (with an EAD) to work in 'the same or a similar occupation' for a new employer and retain your Green Card application. However, the I-140 MUST have already been approved, which will NOT be the case if you have filed I-140 and I-485 simultaneously.
