If you are 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 is especially common for those on an H-1B visa who have also received a work authorization card (EAD) and advance parole (AP) based on their pending green card application. Here, we clarify the key factors and risks involved in leaving your sponsoring employer.
Understanding the Green Card and EAD Process
For many employment-based green card applicants, the journey starts on an H-1B visa and involves multiple steps. First, the employer files an I-140 petition, which, once approved, establishes your eligibility. Next, you file the I-485 application to adjust your status to that of a permanent resident. At the same time, you can apply for an EAD and AP. This “combo card” allows you to work for any employer and to travel internationally.
The Big Question: Should You Switch Jobs While Your I-485 is Pending?
Once your EAD is approved, it is tempting to use it to leave your H-1B sponsoring employer for a new opportunity. Technically, the EAD gives you the flexibility to work for any employer. However, you must weigh this flexibility against a significant risk.
The Risk of Using Your I-485 EAD
When you use your EAD to work for a new employer, you immediately lose your underlying H-1B status. From that moment on, your only legal basis for being in the United States is your pending I-485 application.
What Happens if Your I-485 is Denied?
This is the primary danger. If your I-485 application is ultimately denied for any reason, and you are no longer in H-1B status, you will have no legal status in the U.S. and will be required to leave immediately. You will have no backup visa and no grace period to find another option.
The Benefit of Maintaining H-1B Status
The safest strategy is almost always to maintain H-1B status throughout the green card process. If you continue working for your H-1B sponsor, your H-1B visa acts as an insurance policy. If your I-485 is denied, you do not fall out of status. You can legally remain in the U.S. on your H-1B, continue working, and explore your options, which might include refiling your green card application.
This dual status also applies to travel. While you can use the AP to re-enter the U.S., it is often safer to re-enter using your valid H-1B visa, as this clearly preserves your non-immigrant status.
Charting Your Path
While the EAD provides flexibility, it is essential to weigh the risks before leaving your H-1B position. Keeping your H-1B status provides an invaluable layer of security in the event of an unexpected I-485 denial.
If you are unsure about switching employers while your I-485 is pending, we invite you to download our free guides, sign up for one of our free webinars where you can ask questions, or schedule a consultation with us to guide you through these complex immigration choices.
