Skip to content

Can I work on the I-485 EAD while on an O-1?

Key answer

You can, but it is a choice: either keep working on the O-1 for your petitioner, preserving that visa while you wait for the green card, or switch to the I-485 EAD and effectively give up the O-1 status, which is tied to a specific employer. The risk is that an I-485 denial then forces you to leave, because the O-1 has already been violated. Members note that updating your work authorization with the employer automatically means you no longer work under the O-1 terms. EB-1A also separately requires continuing work in your field.

Community answers

The answers below are translated from the original Russian - the language of the community chats.

  • This is common with many work visas; it's not a new experience. You either use your O-1 visa or any other, while maintaining that visa and waiting for your green card, or when you receive an EAD before the green card, you can work on the EAD associated with the I-485, but in doing so, you lose the status of your O-1 or any other previous visa. If the I-485 is denied, you will have to leave the country, as you will likely end up automatically out of status: you violated the O-1, which is tied to a specific employer or firm.

  • Many do not realize that using another work authorization from the same green card requires you to update documents with your employer. If you no longer work under your O-1 documents, you are obligated to update your work authorization to a new one with your employer, which automatically violates the conditions of the O-1 visa.

  • When you obtain work authorization from the petitioner's green card, you agree to work per the petition. For EB-1A, a job offer is not required, but the petition must be accompanied by clear evidence that the individual is coming to the U.S. to continue work in their area of extraordinary ability: letters from future employers, contracts, or a statement detailing how they intend to continue working.

The answers are anonymized community experience from the public chats, not legal advice. Officers may decide similar cases differently.

Sources

All questions on: O-1 visaAll questions on: Green cardAll questions on: Process and timelinesAll questions on: EB-1A

Related on this site

Similar questions

A reference page built from community experience, not legal advice. Requirements and practice change - verify on uscis.gov.

Did this answer help?