I-485 Portability; EAD Employment

My current company has sponsored my H1B and applied for Green Card. I have received my EAD card, and I485 is submitted an year back. I485 is pending approval.

I am currently interviewing with other companies and anticipating an offer letter from another company. My new company is not willing to sponsor my H1B.

So, my question here is:

a. Can I sponsor my EAD myself ? What is the process to do it ?

b. What are the risks ?

c. Is it going to impact my Green Card processing ?

Please advise. Thanks in advance.

So long as meet the I485 portability requireemnts, you can move to a new employer and work with an EAD and USCIS will still process your green card. The portability rule applies where you have an approved I-140 and an I-485 pending for at least 180 days you may move to a new employer where the new job is “in the same or similar occupational classification as the job for which the certification or approval was initially made.” You new employer will have to make an AC21 filing notifying USCIS of your new employment..

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  1. Written by Moumita
    on February 24, 2013 at 5:10 pm

    I am a J1 visa holder doing postdoc in University. I am at the verge of my Us stay, it’s not even 3 months from now.And I have still not got hold of my next opportunity. I have done my Phd in India, 1st post doc in Birmingham, uk and 2nd one in Berkeley, CA, USA. My nationality is Indian and I want to apply for my GC. I’ve few query related to my GC application as follows before I decide to do a petition under EB1 or EB2-NIW:-

    1> Will it be a wise decision for me to apply for I 140 and I 485 at the same time after getting my waiver approved? If so, then do I need to take Advance Parole before leaving USA?

    2> If H1b is an exception to Advance Parole and If I leave USA after my I 140 and my waiver is approved but I 485 is pending can I again return on H1B visa(according to my plan I want to join industry instead of research) without affecting the status of my I 485 petition?

    3> If after leaving USA my I 140 gets rejected will I still be able to back to USA in H1B visa if I get a job or sponsor? In that case Can my employer apply for GC on my behalf freshly?

    4> If both of my I 140 and I 485 rejected fort the first time can I still be able to work on H1B ?

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