| Frequently Asked Questions for Green Card. |
| Q 1 » After filling I-485 and getting the EAD card, can I leave my current company and join other company? Does the other company have to file my I-140 again so that I can retain my priority date? |
- Please note that the employment-based Green Card process is for a future job offer for after your I-485 is approved, and it is assumed that you are staying with that employer. There are some unusual situations, for example, when the employer will offer you the job later even if you work for someone else in the meantime. A person can get a EAD card to take a second job or to start up a business on their own while maintaining the employment with the employer sponsoring the green card.
Also, under the AC21 law enacted October 2000, if the I-485 is pending 180 days or more the case can proceed based upon a job offer with a new employer provided the job is similar. In that situation, the person could use the EAD card to work for the new employer while the I-485 is pending.
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| Q 2 » If a person in India, whose family-based green card application is being processed, comes to the U.S. on J-1 visa for a short-time, will his or her green card application be affected in any way? |
| Coming on a J-1 should not affect the green card application, BUT the green card application does make it very difficult to obtain a J-1 visa. Even if the person does obtain a J-1 visa, he or she may have a problem being admitted into the country. The reason for the above is a concept known as nonimmigrant intent. To qualify to obtain a J-1 visa or to enter as a J-1, a person must intend to be here only temporarily. Having a permanent case pending means that the person has expressed the intention to come to the U.S. on a permanent basis. |
