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Where I can work after getting EAD ?

Discussion in 'Visa Bulletin and Priority Dates Retrogression Iss' started by Paalem, Aug 1, 2007.

  1. Paalem

    Paalem Registered Users (C)

    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. manwithnoname

    manwithnoname Registered Users (C)

    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.
  3. mydearcard

    mydearcard Registered Users (C)

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

    belacut Registered Users (C)

    Not EAD approved. It is I140 approved.
  5. manwithnoname

    manwithnoname Registered Users (C)

    Thanks for pointing it out. I-140 should be approved.
  6. kapsy30

    kapsy30 Registered Users (C)

    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.
  7. Paalem

    Paalem Registered Users (C)

    I did not understand what you said above. What RFE you got ?
  8. Paalem

    Paalem Registered Users (C)

    I have approved I 140. My current company would not revoke it. Its a policy that they follow.
  9. kapsy30

    kapsy30 Registered Users (C)

    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.
  10. Jackolantern

    Jackolantern Registered Users (C)

    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 a moderator: Sep 3, 2007
  11. Jackolantern

    Jackolantern Registered Users (C)

    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.
  12. rak1974

    rak1974 Registered Users (C)

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

  13. Jackolantern

    Jackolantern Registered Users (C)

    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 a moderator: Sep 3, 2007
  14. Padosan

    Padosan Registered Users (C)

    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.
  15. Orangecounty

    Orangecounty New Member

    Ead

    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 :confused:
    Last edited by a moderator: Sep 10, 2007
  16. Jackolantern

    Jackolantern Registered Users (C)

    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.
    Last edited by a moderator: Sep 10, 2007
  17. Jackolantern

    Jackolantern Registered Users (C)

    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 a moderator: Sep 10, 2007
  18. Orangecounty

    Orangecounty New Member

    Can I have a job offer from my friend's consulting company before RFE deadline to be on safe side ?

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