Approved/Pending EAD(H1B) - Change jobs(NOT using EAD)

Background:

  • Switched from EB2 to EB3 recently(same employer): both I-140s approved.
  • I-485(EB3): Fingerprint appointment scheduled next week. 180 days by june (since I-485 receipt)

Assumptions

  • I DO NOT plan on using EAD(if approved) to change employer, but go H1B route.

Questions:

  1. With above assumption, if I choose to change jobs. when is it safe to switch jobs - after 180 days(heard about AC21 rule) or after EAD is approved?
  2. Should the new employer restart immigration process all over again along with a new H1B?

It is suggested to wait for 180 days after i140 approval in your case.

New employer will only be required to file i485J to port your i140 and i485.