Change of H-1B Employer with Pending Green Card Application

We successfully filed an H-1B change of employer for a client for an extension of H-1B status through year 13. The client, an Indian National, had an approved I-140 Petition with his existing employer and has a pending I-485 Adjustment of Status Application. The client wanted to change jobs to a “same or similar” occupation with a new employer and maintain the processing of his green card application uner the AC-21 portability rules. While the client has a valid EAD, based upon the advice of our law firm, the client had the new employer file an H-1B change of status petition and is now working for the new employer in H-1B status as opposed to using the EAD. It is always a good idea to maintain underlying H-1B nonimmigrant status while an I-485 application for adjustment of status is pending as in the event there is a problem with the I-485 application the foreign national will remain lawfully present in the U.S. and employment authorized based upon the underlying H-1B nonimmigrant status.

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