EAD and new job

M

mazam

Registered Users (C)
Hi,

I have already applied for my green card like 2 months ago and my EAD status online changed to "Card Production Ordered". Now, my question is that when I receive EAD card can I change my job instantly. I know I can earn more than double if I change my job but will that have any effect on my green card interview (date not decided yet!!).

Please advice me! I do want to wait for the green card before I change my job but what if it takes more time. Is'nt the whole purpose of EAD card to find a job.

Any advice?
 
Hi PraetorianXI,

Thanks for the fast reply. Will it be any problem when I got for the interview for the green card. Because the I-864 they have indicate that I work for a different company.

Also, if someone gets laid of while on EAD is he/she still legal in USA?
 
you can start working on your EAD right away; will not impact your I-864..infact it may help your I-864 if you make more money.
 
mazam said:
Hi PraetorianXI,

Thanks for the fast reply. Will it be any problem when I got for the interview for the green card. Because the I-864 they have indicate that I work for a different company.

Also, if someone gets laid of while on EAD is he/she still legal in USA?
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The EAD is only for your RIGHT to work, it does not mean you HAVE to work. The EAD is not what gives you the right to stay, being in the adustment of status phase gives you the right to stay. Just like the AP gives you the right to travel, it doesn't mean that you HAVE to travel.

Neither the AP or EAD are considered a Status - just just give you the right to do certain things. Don't confuse the EAD with an H1 or TN, where the H1 and TN's are work authorizations AND legal statuses to stay here. The EAD is just the work authorization.
 
@TnGguy78,

Thanks for the reply! So now back to the original question. What will happen if someone got fired while on EAD and the green card is in process?

Will he/she be legal in US?
 
Ohh I think I got it!

When a person has filed for green card (AOS) this means he/she is legal in US? During that time if he/she wants to work then they can use EAD. Off course, this also means that if a person is in AOS status then he can be without a job.
 
Since you are in the middle of the AOS phase, you will be in legal status pending final adjudication by USCIS of your immigrant petition (I-485/I-130 combined). Your getting an EAD is part of that process, which allows you to legally work till validity date mentioned on EAD card. You hiring/firing from a job based on EAD papers should have no bearings on the AOS unless your firing from job is due to criminal activity. Your AOS will end with a most likely Denial in such cases then. Hope this helps.
 
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Thanks!

Do the companies show some lack or hesitation when hiring a person who is on EAD? I mean they don't need to process any H1B or pay any fees right so why should they hesitate?

Do you have any experience with that?

When applying for jobs while on EAD I can tell them that I don't require any kind of sponsership right?
 
mazam,

I had used my EAD back in 2000 while transitioning from my F-1 student Visa to H-1 Visa much later BUT no, there was no hesitation by the hiring firm since i had my EAD. You cannot apply to any US CITIZENS only jobs but i guess you know that already!!
good luck..
 
But what if the job description says "US Citizens or Permanent Resident ONLY". Can I apply for those jobs since 90% of the jobs have that in the descrription.
 
Mazam,
Since as of writing this message, you are NEITHER ( you are in the process of becoming a Permanent Resident via the AOS process), you cannot apply to those jobs unfortunately.
 
ilanand39 said:
Since as of writing this message, you are NEITHER ( you are in the process of becoming a Permanent Resident via the AOS process), you cannot apply to those jobs unfortunately.
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Generally, jobs that are advertised as such really mean that the employer will not do any visa sponsorship. Besides, it's not like there's any penalty for applying. What are they going to do, anyways?
 
Realcanadian,

You are right about no penalties BUT they can simply reject your application if job description requires PR or citizen. they typically whet via recruiters in most cases.
no harm in trying though if not for anything just for the experience.
 
ilanand39 said:
You are right about no penalties BUT they can simply reject your application if job description requires PR or citizen. they typically whet via recruiters in most cases.
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I've generally found that the mentally disabled are usually smarter and more perceptive than the average recruiter. I'd simply say I required no visa sponsorship or was a PR until I got to the point where I was signing the I-9.
 
EAD Restriction

Is there a restriction on the type of job one can do after getting an EAD through a family-based I485 petition (similar to the restriction on an EAD one gets through a employment based petition)?
 
ImmiNewbie said:
Is there a restriction on the type of job one can do after getting an EAD through a family-based I485 petition (similar to the restriction on an EAD one gets through a employment based petition)?
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Nope. The only thing that springs to mind is an elected or nominated official or a commissioned officer in the US Armed Forces.
 
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