Can I start a business or change employer with an Employment Authorization Card?
Asked on Aug 28th, 2017 on Immigration - California
More details to this question:
Good afternoon. I am currently in the US on an H-1B visa. My employer filed an I-140 EB-2 NIW with USCIS on 12/15/17 and an I-485 on 4/5/17. I have received my EAD/AP on 6/15/17. Am I allowed to change job or do I have to remain with my current sponsoring employer until I get my green card? Also, am I allowed to start a business? Thank you, J.P.
The EAD gives you open market employment under which you can work for any employer. However, changing jobs could bring up the question of whether you intend to work for your employer after obtaining your permanent residence. Many NIW's are filed by the individuals themselves who act as both the petitioner and beneficiary. The fact that your employer sponsored you on the I-140 for the NIW complicates your situation. To your other question, you are allowed to start a business with the open market employment, but if you spend significant time working in the business, that could raise doubts as to whether you intend to work for your sponsoring employer when you obtain your permanent residence card. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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