Can I Change Employers While My I-485 Application Is Pending?

If you’re pursuing an employment-based green card, you may wonder whether you can switch jobs while your Form I-485, Adjustment of Status, is pending. This question often arises for those holding an H-1B visa, as they may also receive work authorization (EAD) and advanced parole (AP) while their green card application is in progress. Here, we clarify the key factors involved in making this decision, including the risks of leaving your current employer.

Many employment-based green card applicants are on an H-1B visa and go through a multi-step process:

1. File the I-140 Petition: This is filed by the employer and, once approved, establishes the eligibility of the foreign worker.
2. File the I-485 Application: Filed by the applicant to adjust status to that of a permanent resident. When submitting the I-485, applicants can also apply for an Employment Authorization Document (EAD) and Advanced Parole (AP), allowing them to work and travel while their green card application is pending.

Once the work authorization is approved, applicants often wonder if they can quit their current job and work elsewhere. Technically, the EAD allows you to work with any employer. However, there are important considerations:

• Loss of H-1B Status: Once you start working for an employer other than your H-1B sponsor, you lose your H-1B status. At this point, your only legal basis for staying in the U.S. would be your pending I-485 application.
• Implications if I-485 is Denied: If your I-485 application is denied and you no longer have H-1B status, you would need to leave the U.S. immediately. In contrast, if you maintain H-1B status, you can remain in the country even if the green card application is denied.

Keeping your H-1B status provides an added layer of security, as it serves as a backup in case the I-485 application is not approved. It is generally advisable to continue working with your H-1B employer until you receive your green card to avoid potential issues.

1. Use Work Authorization Wisely: The EAD allows flexibility, but it is essential to weigh the risks before leaving your H-1B position.
2. Travel Considerations: With an AP card, you can travel outside the U.S. while the I-485 is pending. However, if you rely on AP for re-entry and do not maintain H-1B status, you won’t have the alternative of traveling on the H-1B if your I-485 is denied.

If you’re unsure about switching employers while your I-485 is pending, contact Scott Legal, P.C. for a consultation. We’re here to guide you through complex immigration choices and help protect your pathway to a green card.