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How can I change jobs while on H-1B with a pending I-765 and I-485?

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?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    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.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    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.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    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.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    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.

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    Jeff Khurgel

    Immigration Attorney
    Answered on

    In terms of maintaining H-1B status, a new petition from a new qualifying H-1B employer would need to be filed.