Where I can work after getting EAD ?

**Paalem** · 1st August 2007, 08:02 PM

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.

**manwithnoname** · 1st August 2007, 08:21 PM

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.

**mydearcard** · 2nd August 2007, 06:47 PM

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

**belacut** · 2nd August 2007, 06:49 PM

Originally Posted by manwithnoname

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.

**manwithnoname** · 2nd August 2007, 07:30 PM

Thanks for pointing it out. I-140 should be approved.

**kapsy30** · 2nd August 2007, 07:37 PM

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.

**Paalem** · 2nd August 2007, 07:39 PM

Originally Posted by mydearcard

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 ?

**Paalem** · 2nd August 2007, 07:41 PM

Originally Posted by kapsy30

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.

**kapsy30** · 2nd September 2007, 05:19 PM

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.

**Jackolantern** · 2nd September 2007, 07:32 PM

Originally Posted by belacut

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).

**Jackolantern** · 3rd September 2007, 02:09 AM

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.

**rak1974** · 3rd September 2007, 09:27 AM

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

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.

**Jackolantern** · 3rd September 2007, 03:35 PM

Originally Posted by rak1974

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.

**Padosan** · 6th September 2007, 10:26 AM

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.

**Orangecounty** · 10th September 2007, 11:29 AM

Originally Posted by Jackolantern

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

**Jackolantern** · 10th September 2007, 02:16 PM

Originally Posted by Orangecounty

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.

**Jackolantern** · 10th September 2007, 02:20 PM

Originally Posted by Padosan

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.).

**Orangecounty** · 11th September 2007, 07:02 AM

Originally Posted by Jackolantern

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 ?