When Can I Move to A New Employer?

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10-03-2011, 07:49 AM
kingcaeser

When Can I Move to A New Employer?

Dear Friends!
I was always under the impression that one should be with the employer for a 180-day period after receiving the EAD. But a friend rubbished my opinion and said it is at least 180 days after approval of I-140 (which I already had). Is this correct? Could anyone please advise? In this case, when can I change jobs? after filing I-485 or After getting EAD? BTW: My PD is 17-sep-2007.
10-03-2011, 07:54 AM
ssvp22

Quote:

Originally Posted by kingcaeser

Dear Friends!
I was always under the impression that one should be with the employer for a 180-day period after receiving the EAD. But a friend rubbished my opinion and said it is at least 180 days after approval of I-140 (which I already had). Is this correct? Could anyone please advise? In this case, when can I change jobs? after filing I-485 or After getting EAD? BTW: My PD is 17-sep-2007.

I think you get EAD between 60-90 days after filing 485. However, you can move to new employer using AC21 only after 180 days. If you switch employer without filing 485, and with 140 approved, you will have to redo the labor and 140 with the new employer, with your priority date being carried over from previous employer.
10-03-2011, 08:17 AM
kingcaeser

Quote:

Originally Posted by ssvp22

I think you get EAD between 60-90 days after filing 485. However, you can move to new employer using AC21 only after 180 days. If you switch employer without filing 485, and with 140 approved, you will have to redo the labor and 140 with the new employer, with your priority date being carried over from previous employer.

Thanks ssvp22 for your info. I really appreciate it. So my friend was wrong.... Now since I am close to filing 485 (hopefully!), I will sit tight and wait for my turn. I will not get carried away..
10-03-2011, 10:10 AM
sandeep11

hi-

180 days after you file for 485 is a safe bet approach advised by attorneys. There is no such rule stated by USCIS though. Attorneys normally advise that it is better to stay with the same employer who has filed your GC for atleast 180 days to prove a good intent of filing the GC.

Your firend is worng with his statement. If you leave your current employer without filing for 485 then you have to restart the whole GC process, only benefit is you can use the old PD.

Quote:

Originally Posted by kingcaeser

Dear Friends!
I was always under the impression that one should be with the employer for a 180-day period after receiving the EAD. But a friend rubbished my opinion and said it is at least 180 days after approval of I-140 (which I already had). Is this correct? Could anyone please advise? In this case, when can I change jobs? after filing I-485 or After getting EAD? BTW: My PD is 17-sep-2007.
10-03-2011, 11:34 AM
leo07

It's 180 days from the day you filed for I-485. Not the date you received EAD.

Quote:

Originally Posted by kingcaeser

Thanks ssvp22 for your info. I really appreciate it. So my friend was wrong.... Now since I am close to filing 485 (hopefully!), I will sit tight and wait for my turn. I will not get carried away..
10-08-2011, 04:14 PM
tackle

I remember reading at a couple of places in the "EB2 prediction" thread that it was 6 months after getting GC. Now, I'm reading conflicting information in the thread. Which is it? 6 months after filing I485, 6 months after receiving EAD or 6 months after GC? Can one of the gurus please comment on this? Thanks.
10-10-2011, 02:39 PM
soggadu

tackle... i guess it is ok to move jobs 6 months after filing 485 to invoke AC 21 rule and stay alive in the GC process even though your 140 is revoked by your move... And 6 months after GC is to prove good intent for obtaining the GC so that no problems arise during citizenship... any questions?