I-140 approved, can i work with EAD

[immihelp_pls]

What is the name of your state? MN

Hi Lana,

My husband's co. applied for I-140 and I-485 parallelly on EB1 category. We received the EAD and Advance Parole notices long back . Our I-140 has been approved last week.

(I am currently on H1 visa). At this juncture, can I work using the EAD that we have received or is it still a risk to use EAD before I-485 is approved.

Can my husband change employers now using EAD. Will this affect the approval of I-485 in any way ?

Pls advice.

Thanks in advance,
Immihelp_pls

 

[ImmigAttyLana]

You could have used the EAD at any point after it was approved.

As for changing jobs, you have to be careful with the I-485 still pending especially when it's based on a EB-1. It has to be in the same or similar job classification and the I-485 has to have been pending for at least 180 days.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[immihelp_pls]

hi Lana,

Our receipt date for I-485 is Nov 2006 (def'ly more than 6 mths) and we also received our EAD in Jan 2007 (again more than 6 mths)

Your reply reg. switching jobs - did u refer to my husband's job for the job classification ?!

If i decide to change jobs now, that would not affect my EAD ?! is this correct ?!

thanks,
immihelp_pls

 

[ImmigAttyLana]

Yes, I was referring to your husband's job since his is based on employment. You are the derivative beneficiary so it is irrelevant what your job is or whether you work at all for I-485 purposes.

 

[immihelp_pls]

Thanks Lana !

So, I think I can use my EAD without any risk from now.

thanks,
immhelp_pls

 

[ImmigAttyLana]

Yes, you could have been using your EAD from the time it was issued since you are not the principal applicant anyway and your I-485 does not depend in any way on the job you have or don't have.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.