The following is not legal advice and is for general information purposes only. Please consult a qualified immigration lawyer with questions related to your particular situation.

When a Form I-140 – Immigrant Petition for Alien Worker is filed concurrently with a Form I-485 – Application to Adjust Status to Permanent Resident, one may also file an I-765 – Application for Employment Authorization. The I-765, once approved, grants the applicant an Employment Authorization Document (EAD) and allows one to work, in one year increments, while his or her I-485 application is being adjudicated. The EAD is not employer-specific, meaning the bearer can work for whomever he or she wants to.

An adjustment of status application that has been pending at least 180 days that is based upon a first (outstanding researcher/professor or multinational transferee), second or third EB petition can be used for a new job offer as long as the job is in the same or similar occupational classification (factors considered are: (1) job description on Labor Certification Application, (2) DOT and/or SOC code for I-140 and new position, and (3) discrepancy between previous and new wage). The I-140 does not have to be approved at the time of transfer but must have been approvable when filed.  Geographic area and new employer’s ability to pay are not relevant to adjudication.

Finally, the applicant is not obligated to work for the petitioning employer while his or her application is pending.

I urge you to consult a lawyer before deciding to change your employment situation where your immigration status could be at stake.

Author: Bradley Maged

I'm Brad Maged, an immigration lawyer in Boston, Massachusetts. I help people who want to live and work in the United States and companies that wish to employ them. This blog provides opinion and information on developments in immigration law. Thanks for reading!

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