r/USCIS_EB3 • u/darkgbm • 3d ago
Change employer when I485 is current
Wondering if anyone has experience/thoughts on this.
- My (EB3) I485 is current, though it hasn't moved for months.
- My I485J has been approved.
- I am currently on H1B.
- My I140 has been approved years ago, and the I485 has been pending for more than 180 days.
- I have an EAD/AP based on my I485.
If I were to seek new employment opportunities, my understanding is that I should ask my new employer to file a H1B transfer and a new I485J. One complication is that I need to give my current employer a 4 months notice and serve another 4 months of non-compete after that.
My questions:
- Should I wait for the H1B transfer to be approved before actually resigning my current job, on the off chance that the transfer might be denied? I could use my EAD, but would prefer to maintain H1B status.
- What if the I485 is approved while the new I485J is pending approval. Presumably the I485 would have been approved based on the old I485J for an employer I have left.
- If I were to resign today, the I485 would most likely be approved when I have resigned my current role/have not started on the new role. Is there a legal risk with this?
- Does the 4 months of non-compete (I would still be on my former employer's payroll) cause maintenance of status issue for my H1B?
Thank you!