Laid Off,please Advice

M

Mahek

Registered Users (C)
I was on H1 when I was laid off last month.I have an approved EAD & AP since past 6 months.

Can i use ead now?

My friend has a "Subway" and is offering me a job till I find another job.Can i use EAD and work?


Will there be any consequences?If yes,what can they be?



PLEASE RESPOND
 
Take a "Same" or "Similar" Job

I guess it is safe to take a "Same" or "Similar" Job...you may still do subway on the side...however take a "same" or "similar" job...using EAD...also see the possibility to become "Self Employed" now...I suggest see a lawyer immediately..

Mahek said:
I was on H1 when I was laid off last month.I have an approved EAD & AP since past 6 months.

Can i use ead now?

My friend has a "Subway" and is offering me a job till I find another job.Can i use EAD and work?


Will there be any consequences?If yes,what can they be?



PLEASE RESPOND
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Can i use ead now?
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Yes
My friend has a "Subway" and is offering me a job till I find another job.Can i use EAD and work?
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NO! That would be illegal.

Will there be any consequences?If yes,what can they be?
PLEASE RESPOND
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Yes. Your I-485 will be denied as it is not a "same" or "similar" job.

Try to find a job related to your field of work.
 
one of the important thing to remember when using ead and switching from h-1 is invoking AC21..which says the job has to be in the same field.bascially the same skill set which u used in filing u r labor. USCIS will reject u r 485 if u do not adhere to this.

pls consult a lawyer and search for jobs in the same field and use u r ead.
 
TheRealCanadian said:
Wrong. The EAD allows an alien to work in any job, in any field. The Subway position could not be used to claim AC21 portability, but it's perfectly legal employment.
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AC21 is important since he is filing for 485. he cannot claim AC21 portability if he is working for subway
 
gcfinder said:
AC21 is important since he is filing for 485. he cannot claim AC21 portability if he is working for subway
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That's true, but again completely orthogonal to the legality of working for Subway.

If he wants to work there to earn some money while looking for an AC21-compliant job, that's perfectly OK. It's probably better than not working at all, which is just as fatal to the adjustment but also doesn't involve any income.
 
If he wants to work there to earn some money while looking for an AC21-compliant job, that's perfectly OK. It's probably better than not working at all, which is just as fatal to the adjustment but also doesn't involve any income.
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Sorry, I wasn't aware of this and thought that the primary can only work in a same or similar field till the 485 is approved.
 
You can even not to work and simply wait for your approval of your I-485

I was told that one guy even filed unemployment and got money having been laid off, and got approval of his I-485.

Of course you may get problem in case of RFE or interview being unemployed at that moment.

The most important for you is to make sure that your petitioner is not filing your I-140 revoke. If it is revoked be ready to get RFE
 
nj_skm said:
Sorry, I wasn't aware of this and thought that the primary can only work in a same or similar field till the 485 is approved.
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If you are derivative, work whereever you want with your EAD. All above replies assume that you are the primary applicant based on employment petition. Subway is totally perfect and legal work.
 
mmed said:
If you are derivative, work whereever you want with your EAD. All above replies assume that you are the primary applicant based on employment petition. Subway is totally perfect and legal work.
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I have a question: can a primary whose I-485 pending hold more than one job, using the EAD? I believe the derivative can, so I don't see why the primary can't?
 
nj_skm said:
I have a question: can a primary whose I-485 pending hold more than one job, using the EAD? I believe the derivative can, so I don't see why the primary can't?
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Yes it is possible, but in case of H1 status, it will be lost, if he/she works using EAD. Everybody knows about disadvantages of loosing visa status as backup.
 
nj_skm said:
I have a question: can a primary whose I-485 pending hold more than one job, using the EAD? I believe the derivative can, so I don't see why the primary can't?
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Work as many jobs as you can afford with the EAD for every job, do not violate the H visa regulation (single employer visa) by working somewhere else with the EAD pretending that the H sponsor will not know, the immigration will
 
I got laid-off on Nov-05-2008 from a top consulting company "X" and have salary slip till Nov-05-2008. Just to save my status immediately, i applied for H1 transfer thru a small Consulting company "A" on Nov-14-2008(9 days out of status) .I dont have any salary slip and planned to start a Project on Dec 1 2009 thru Company "A".

I got another offer from Big Consulting company "B" and planning to Transfer H1(Premium Processing) on Nov-22-2008, basis on the Company "X" Salary slip(Ending period Nov-05-2008).

What are the Risk involved in Transferring H1 to Company "B" ? What do you recommend, Should I stay with Company "A" and start the project(risky) on Dec-1 or can i Move to Company "B" for secure and better opportunities?

If INS doesnt attach I94(Due to out of status for few(9-10) days) then i may have to go out of USA and Stamped Visa, Visa stamping may be a problem incase of small company.

What is the best,legal and safe available option for me?
 
Why are you even considering the "risky" company A, if B is providing better opportunities? Is it that B has not agreed to do the H1, but A already filed it?

Do you have an EAD?
 
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