Switching job while employment authorization (EAD) is pending.

Caller: My question is that I currently have an EAD and my company has currently applied for EAD renewal and I am actually getting another opportunity somewhere so am I suppose to stay in my current job until I receive my EAD or I can go ahead and switch my job?
Well you can switch your job, your filling under EB2 category? What kind of porting are you doing EB2, EB3?

Caller: Yes, EB2

Ok EB2 and how long have you had your I-485 pending?
Caller: It was last year actually
So you already past 180 days right?
Caller: Yes
Yes you can move, The EAD is just proof of working your I-485 status will still be alive but just make sure you’re moving under AC21 to same or similar position you should be fine. You don’t have to wait for the EAD to come because the EAD belongs to you it will come to you anyway. They cannot stop not but make sure that you do an AC21 letter. It is not required by the way to do an AC21 letter but it is recommended to do it in this case ok.
Caller:OK, but what about my current extension filled by my current company?
Well the EAD is based on the company job it’s based on your Adjustment of status so its not attached to the company anymore its attached to the adjustment of status and it belongs to you. The I-140 is approved right?
Caller: Yes
Yes, then you’re safe, there are only two conditions you need to meet one 180 days have passed since you filled the -485 adjustment of status and two your moving to a same or similar position as long as you meet those two requirements you’re not dependent on that company anymore, you can just move but then depends if the company allow you to work but technically they should allow you to work while you EAD is pending. But the EAD has nothing to with the case the EAD Is just proof of work and attached to the adjustment of status , give us a call if you want us to further analyze your case further 510-742-5887.

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