Skip to main content

Can I quit my current job and start working at another employer while my I-485 is pending? Can I use my approved EAD to work at another employer?

By May 21, 2019May 19th, 2021H-1B and E-3 Visa, Immigration
Courtesy of Pixabay, labeled for reuse:

Many employment based green card applications are processed while an applicant is on an H-1B visa.   This usually involves filing an I-140 petition along with an I-485 petition.  You can find out more about the green card process by clicking here.

When the I-485 petition is filed, an applicant can also file an application for work authorization (EAD) and ability to travel (Advance Parole).  Once the EAD has been approved, the question comes up as to whether the applicant should continue to work for his/her current employer on the H-1B or whether he/she could/should work for other employers using the EAD. Specifically, many ask:  Can I quit my current job and start working at another employer while my I-485 is pending?  Should I work on my H-1B or my EAD while my I-485 is pending?

Technically you can use the EAD card and start working anywhere but once you work outside of your employer (where you are working based on your H-1B), you will no longer be in H1B status and you would only be permitted to remain in the U.S. on the basis of the pending adjustment.  You would be able to  travel with your Advance Parole card at that point.  Generally, it is better to keep underlying status whenever possible as if the green card application was denied for some reason.  If you have maintained status on your H-1B, this would give you the option to remain in the US, whereas if  your I-485 is denied and you had no underlying status, you would have to leave right away.

FREE H-1B / E-3 Visa Resources

Click on the buttons below in order to claim your free H-1B / E-3 Visa Guide, sign up for our free H-1B / E-3 Visa Webinar, or watch our H-1B / E-3 Visa videos.

Download Our H-1B / E-3 Visa Guide
Sign Up For Our H-1B / E-3 Visa Webinar
Watch Our H-1B / E-3 Visa Videos

Set up an H-1B / E-3 Visa Consultation

For a dedicated one-on-one H-1B / E-3 Visa consultation with one of our lawyers, click on the button below to schedule your consultation.

Schedule a consultation

This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.

Leave a Reply

We are happy to offer our H-1B / E-3 visa guide that describes the H-1B / E-3 visa requirements, and other advise to assist with your visa application.
For more info visit our H-1B / E-3 visa service page or schedule a consultation so we can handle your H-1B / E-3 visa process.