My husband and I are EB-5 investors and have an approved I-526 (my husband is the primary applicant) and we have recently filed for I-765 and I-485. We are both on H-1B at the moment. I have a job offer from a different employer and I wanted to check how I can accept the offer without jeopardizing our filings of I-765 and I-485 for EB-5?
I would be surprised if a change of employer would make a difference. H-1B is dual intent, allowing the green card process to proceed with the H-1B remaining in place. You may need to amend your I-485 with updated employment information. Eventually, you''ll use your EAD to be employed and then the green card itself.
Until your I-765 is approved, you cannot work for the new employer; however, you can report, if currently employed, on an H-1B, and then transfer as soon as the new H-1B visa petition and extension of stay is filed.
You are entitled to use your EAD to change jobs but safest is to maintain the non-immigrant status as well and ask the employer to file for an H-1B transfer.
I assume your new employer would file an I-129 for you. Your H1-B job has no impact on your I-485, as long as you continue to maintain your NIV, you should be OK. However, I advise that you discuss with your attorney who can properly gather facts and advise you.
In terms of maintaining H-1B status, a new petition from a new qualifying H-1B employer would need to be filed.
