can I apply for EAD?

jxc328

Registered Users (C)
Can I apply for EAD?
I have an approved LC from company A in MA.
Before I have applied I-140/485 I was laid off one month ago
(Actually LC was approved about 2 years ago; unfortunately
for some reason I140/485 was not filed).

Now Company B, in Washington State, is holding my H1B visa and I am working with company B. Now company A is willing to file I140/485 for me for future employment (Company A is a large IT firm).

My questions are:

a) Can I and my wife apply for EAD if I485 is filed? If YES,
shld I apply at Boston Center (Company A is in MA)
OR
Seattle center (company B is in WA)?
b) In the future if I185 is approved, must I work with company A
even if company A does not require me to work there?
If YES, is the minimum commitment 180 days?

Thanks for advice!
 
[This is my 2c and I'm a junior member -- wait for experts to comment!]
a->I think you can apply per rules. But the question may come up, when you had the EAD, why you didn't work for company A. That is, why should company A hire you after 485 when they didn't hire you after EAD. This is complicated by the fact that they did a layoff, so BCIS may question if the job on LC exists anymore. Note that the last item may be a general problem for your 140, irrespective of EAD

b->Yes, when 485 is approved, you will need to work for Company A, "permanently"
 
Last edited by a moderator:
jxc328 said:
Can I apply for EAD?
I have an approved LC from company A in MA.
Before I have applied I-140/485 I was laid off one month ago
(Actually LC was approved about 2 years ago; unfortunately
for some reason I140/485 was not filed).

Now Company B, in Washington State, is holding my H1B visa and I am working with company B. Now company A is willing to file I140/485 for me for future employment (Company A is a large IT firm).

My questions are:

a) Can I and my wife apply for EAD if I485 is filed? If YES,
shld I apply at Boston Center (Company A is in MA)
OR
Seattle center (company B is in WA)?
b) In the future if I185 is approved, must I work with company A
even if company A does not require me to work there?
If YES, is the minimum commitment 180 days?

Thanks for advice!

It should be VSC if LC was from MA.
Not really. 180 days is for AC-21.
 
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