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Where I can work after getting EAD ?

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  • Where I can work after getting EAD ?

    Hi,
    After getting the EAD, If my current company lets me go, can I work any where till I get a good IT position ? or find similar type of IT position as old company with same salary ?

    Thanks in Advance.

  • #2
    You can change job by availing AC-21. The conditions are: EAD is approved; I-485 is pending for more than 6 months; the new job is similar (same or more salary) to the current one.
    11th year H-1B
    LC: PD 11/24/04 (RIR/EB2 filed at NH SWA, case transferred to PBEC), AD 1/25/07
    I-140: RD 2/5/07 (NSC), AD 12/3/07
    I-485: RD 8/8/07 (TSC), ND 10/2/07, AD 2/26/10
    Details

    Comment


    • #3
      keep in mind you should be aboe to show you are doing similar work in case they send RFE.

      Comment


      • #4
        Originally posted by manwithnoname View Post
        You can change job by availing AC-21. The conditions are: EAD is approved; I-485 is pending for more than 6 months; the new job is similar (same or more salary) to the current one.
        Not EAD approved. It is I140 approved.

        Comment


        • #5
          Thanks for pointing it out. I-140 should be approved.
          11th year H-1B
          LC: PD 11/24/04 (RIR/EB2 filed at NH SWA, case transferred to PBEC), AD 1/25/07
          I-140: RD 2/5/07 (NSC), AD 12/3/07
          I-485: RD 8/8/07 (TSC), ND 10/2/07, AD 2/26/10
          Details

          Comment


          • #6
            Not necessarily I140 is not approved you can invoke AC21 if your I140 is going toba pproved. as if you are confident that it will be approved, you have required education and experience and company has Ability to pay.
            LC: RIR (PD 12/2002) AD:08/2004: EB3
            I140: RD/ND: 12/11/2004 AD: ???
            I290B: LUD:07/22/07, 08/23/07, 08/24/07
            Self I485: RD/ND: 12/11/2004 AD: ???
            Wife's I485: RD/ND: 12/11/2004 AD: ???
            New I140(Same Labor) (02/26/2007)
            Denied in Feb 2008..
            Case 2 : Perm Labor approved June 2007
            I140 filed in EB2 RD NOv 2007
            Upgraded to PP July 20,2009
            RFE recievd A2P July23rd 2009, RFE replied July 27 2009, Approved 08/07/2009,

            Comment


            • #7
              Originally posted by mydearcard View Post
              keep in mind you should be aboe to show you are doing similar work in case they send RFE.
              I did not understand what you said above. What RFE you got ?

              Comment


              • #8
                Originally posted by kapsy30 View Post
                Not necessarily I140 is not approved you can invoke AC21 if your I140 is going toba pproved. as if you are confident that it will be approved, you have required education and experience and company has Ability to pay.
                I have approved I 140. My current company would not revoke it. Its a policy that they follow.

                Comment


                • #9
                  Since you have approved I140 you are safe to work anywhere, but i have seen on this forum sometime when the process takes long time for I485 sometime they send a RFE for company to prove a2p(ability to pay). Since you won't be working for the company who sponsored your GC they will have to prove a2p by showing preferred wages as profit or net current assett.
                  So if your company is profitable company then you are good to go.
                  LC: RIR (PD 12/2002) AD:08/2004: EB3
                  I140: RD/ND: 12/11/2004 AD: ???
                  I290B: LUD:07/22/07, 08/23/07, 08/24/07
                  Self I485: RD/ND: 12/11/2004 AD: ???
                  Wife's I485: RD/ND: 12/11/2004 AD: ???
                  New I140(Same Labor) (02/26/2007)
                  Denied in Feb 2008..
                  Case 2 : Perm Labor approved June 2007
                  I140 filed in EB2 RD NOv 2007
                  Upgraded to PP July 20,2009
                  RFE recievd A2P July23rd 2009, RFE replied July 27 2009, Approved 08/07/2009,

                  Comment


                  • #10
                    Originally posted by belacut View Post
                    Not EAD approved. It is I140 approved.
                    EAD has to be approved before you can work for another employer (unless the next employer is going to sponsor an H1).
                    Last edited by Jackolantern; 3rd September 2007, 03:32 PM.

                    EB3 ROW I-485 Approved: July 2007
                    USC: July 2013
                    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                    Comment


                    • #11
                      And in response to the original question, yes you can work anywhere with an EAD, but only a "same or similar" job or job offer will preserve your green card process. In other words, if your green card application is based on an IT position but you get laid off and work as a truck driver for a couple of months, it is legal to work as a truck driver but from a green card perspective it is the equivalent of staying home, because you can't use the truck job as "same or similar" to satisfy AC21 requirements if USCIS sends you an RFE about your employment situation.

                      EB3 ROW I-485 Approved: July 2007
                      USC: July 2013
                      I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                      Comment


                      • #12
                        Jackolantern, switching from network administrator to software architect is treated as same or similar position since both the positions are in IT?

                        Originally posted by Jackolantern View Post
                        And in response to the original question, yes you can work anywhere with an EAD, but only a "same or similar" job or job offer will preserve your green card process. In other words, if your green card application is based on an IT position but you get laid off and work as a truck driver for a couple of months, it is legal to work as a truck driver but from a green card perspective it is the equivalent of staying home, because you can't use the truck job as "same or similar" to satisfy AC21 requirements if USCIS sends you an RFE about your employment situation.
                        EB3 (LC PD 12/03)
                        I-140/I-485 : RD 12/30/04
                        I-140/I-485 : ND 01/10/05
                        I-140 : RFE on 05/18/05. AD 06/22/05

                        Comment


                        • #13
                          Originally posted by rak1974 View Post
                          Jackolantern, switching from network administrator to software architect is treated as same or similar position since both the positions are in IT?
                          Going by what I know of both (I am also in IT), it would not be similar at all. "IT" is too broad.

                          If job A is similar to B, experience in A should make it an easy transition to B or vice versa without much additional training (if any). Not so with network administrator vs. software architect, except maybe if the software architect is specializing in software for network administration.

                          But my opinion is not what counts. If this is something you really want to do, consult a lawyer then make your decision.
                          Last edited by Jackolantern; 3rd September 2007, 03:41 PM.

                          EB3 ROW I-485 Approved: July 2007
                          USC: July 2013
                          I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                          Comment


                          • #14
                            Hey Jack.

                            Does the new employer need to send a letter or fill a form and send to USCIS in case one changes the old job to a new one while on EAD?

                            Thanks in advance.

                            EB3 India TSC
                            PD 04/04/03
                            I-140 11/01/05
                            I-485 08/04/07 (RD)
                            FP 09/12/07
                            LUD 9/12/07, 9/13/07 (I-485)

                            Comment


                            • #15
                              Ead

                              Originally posted by Jackolantern View Post
                              And in response to the original question, yes you can work anywhere with an EAD, but only a "same or similar" job or job offer will preserve your green card process. In other words, if your green card application is based on an IT position but you get laid off and work as a truck driver for a couple of months, it is legal to work as a truck driver but from a green card perspective it is the equivalent of staying home, because you can't use the truck job as "same or similar" to satisfy AC21 requirements if USCIS sends you an RFE about your employment situation.
                              So, if laid off, its better stay at home rather doing truck driving or do not say any thing that you have worked as Truck driver to USCIS.

                              If USICIS issues an RFE at that point of time, can we say that I got terminated from job and since then I am trying find same or similar job ?

                              Thanks in advance
                              Last edited by Orangecounty; 10th September 2007, 11:37 AM.

                              Comment


                              • #16
                                Originally posted by Orangecounty View Post
                                So, if laid off, its better stay at home rather doing truck driving or do not say any thing that you have worked as Truck driver to USCIS.
                                No it is not better to stay home. Nothing is wrong with the truck driving. An EAD associated with an I-485 authorizes you to work anywhere (unless a US citizen/GC holder is legally required). All I am saying that the truck job is the equivalent of staying home as far as your GC is concerned. Whether you stay at home or drive a truck or wait tables at a restaurant, for AC21 purposes the result is the same ... you don't have a same or similar job as the one on the labor certification/I-140.

                                If USICIS issues an RFE at that point of time, can we say that I got terminated from job and since then I am trying find same or similar job ?
                                No. You are not supposed to be looking for a job. You are supposed to have a same or similar job, or at least a job offer. If you don't have a job, you have to find one before the deadline to respond to the RFE.
                                Last edited by Jackolantern; 10th September 2007, 02:24 PM.

                                EB3 ROW I-485 Approved: July 2007
                                USC: July 2013
                                I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                                Comment


                                • #17
                                  Originally posted by Padosan View Post
                                  Does the new employer need to send a letter or fill a form and send to USCIS in case one changes the old job to a new one while on EAD?
                                  It is not mandatory to inform USCIS of the new job. But if you don't inform USCIS, and the old employer revokes the I-140, USCIS might deny the I-485. Hopefully they will send an RFE or NOID and allow you to respond before they deny the I-485, but they don't always give you that chance.

                                  There is no form to fill out; the new employer is to send a letter (with official company letterhead and signature etc.).
                                  Last edited by Jackolantern; 10th September 2007, 02:22 PM.

                                  EB3 ROW I-485 Approved: July 2007
                                  USC: July 2013
                                  I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                                  Comment


                                  • #18
                                    Originally posted by Jackolantern View Post
                                    No it is not better to stay home. Nothing is wrong with the truck driving. An EAD associated with an I-485 authorizes you to work anywhere (unless a US citizen/GC holder is legally required). All I am saying that the truck job is the equivalent of staying home as far as your GC is concerned. Whether you stay at home or drive a truck or wait tables at a restaurant, for AC21 purposes the result is the same ... you don't have a same or similar job as the one on the labor certification/I-140.

                                    No. You are not supposed to be looking for a job. You are supposed to have a same or similar job, or at least a job offer. If you don't have a job, you have to find one before the deadline to respond to the RFE.
                                    Can I have a job offer from my friend's consulting company before RFE deadline to be on safe side ?

                                    Comment

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