L S
Mar 3, 2022
Can I switch employers after EAD renewal?
Does anyone know if I can switch employers after EAD renewal? I have an approved i140 and waiting on i485 to get approved (already out of processing time). I am EB-3 and fall under TSC. I am still planning to talk to my attorney about this but just curious to hear your experiences or input on if this can be done. Thank you!
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Sassy AMar 3, 2022
Before you change employer you need to make sure I-485 has been pending for at least 180days to be covered under the AC21 rule
L SMar 3, 2022
@Sassy J my i485 has been pending for more than 2 years. Do you know what I would need to provide my new employer with? just my new EAD? Is it that easy?
Sassy AMar 3, 2022
I guess as long as you’re allowed to work, you’re not bind into a contract with your current employer and AOS app pending for more than 180 days, you can work with any employer who wants you, then you can use the portability rule. Sometimes, new employer ask for a release letter to prevent them from being sued by previous employer; however, not all employers agree on letting you go with a release letter. At least that has happened to me once.
CG 7Mar 3, 2022
When was you I140 approved?
L SMar 3, 2022
@Sassy Yes I feel weird about leaving current employer since technically they were the my petitioner. Also, I haven’t been able to work with them since November because I was waiting on EAD renewal so I think they would be fine. But I was not aware I had to ask for a “release letter.”
L SMar 3, 2022
@CG My employer got a letter with my i140 approval on the mail on April 2021 but it never updated on my online USCIS account.
L SMar 3, 2022
@CG If he hadn’t sent me a copy I never would have known. When I asked Emma about it, they said their system was having technical difficulties so not a lot of updates would show up but if I had the letter then that must mean my i140 was approved. TSC is a mess…
Sassy AMar 3, 2022
My 2nd employer requested a release letter for the reasons I told you earlier. But per the previous employer’s state, they didn’t have to give that. So I told my new employer about it and that I was released due to my position not being available anymore and it’s not like I quit for them not be happy with me leaving etc.
But anyways, I didn’t even use the AC21, new employer just filed new I-140 that was approved in 4 months without premium processing (The good old time lol)
