T
T B
Aug 12, 2022
Risk of only relying on EAD card
I have an O1 visa and I got recently my EAD card. My green card is NIW and im considering getting a better job in the same field. How risky is it to get the new job with EAD? i worry that if my i140 gets denied, I will be out of status. what would be my options then? any advice?
7
ADVERTISEMENT
Berk CAug 12, 2022
i have a similar concern, my visa is different E-2
k
kim FAug 12, 2022
from my understanding, I think you are allowed to change employers if your i140 has been pending for more than 180 days. Also, the i140 rarely gets denied except it was not properly filed. most of the time they will issue an RFE and it's usually for something you can fix. you should be good to switch jobs but you can consult with someone with more knowledge to be safe.
Berk CAug 12, 2022
i already have an approved 140, the problem is about the status. as soon as i switch my job, i will loose my E-2 status. what happens if i get a NOID for 485? that is concerning
k
kim FAug 12, 2022
hi Berk, is this E-2 the category which your i140 was filed under? if yes then I'll try to see if I can switch jobs under the same category. your switching jobs will not affect the processing of your 485 at this time and doubt if you'll be issued a NOID except something outrageous comes up from your background check. the job switch will only come into effect when you attend your interview, where they will want to know if you are still employed with the job on your petition. consult lawyer to be safe
Berk CAug 12, 2022
thanks Kim, my 140 filed under a different company than my current employer. My current employer bring me to US with an E-2 and another US company sponsored my green card. thanks for your comments.
T
T BAug 13, 2022
what about my case? i said my niw is not job related but the i140 has not been approved
Gianluca MaccaniAug 26, 2022
file another O1 with new employer or wait the I-140 (my two cents), if you have an O1 approvare most probably your case is very strong, but you never know….

Popular hashtags