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Change Jobs while EAD is sent for renewal
- Thread starter psinha
- Start date
Thank You Lycos_999 and pcgccc for the response
What I do not understand is how EAD is not tied to the job, because one of the required document that you submit for the EAD renewal is the copy of I485. I485 mentions your employer. Now, if you are not working for the employer listed on the 1485 form, should it then affect your EAD???
I am just confused????
What I do not understand is how EAD is not tied to the job, because one of the required document that you submit for the EAD renewal is the copy of I485. I485 mentions your employer. Now, if you are not working for the employer listed on the 1485 form, should it then affect your EAD???
I am just confused????
should it then affect your EAD???
No EAD is a work permit like H1B.But EAD is much different than H1B You can work in any company or any kind of job using EAD. The catch is when BCIS asked you for employment letter that you have to produce the same or close job description as the labor certificate. H1B you can only work for a company that filled a petition on your behave.
No EAD is a work permit like H1B.But EAD is much different than H1B You can work in any company or any kind of job using EAD. The catch is when BCIS asked you for employment letter that you have to produce the same or close job description as the labor certificate. H1B you can only work for a company that filled a petition on your behave.
Originally posted by psinha
Folks, I have two questions:
1) Can one change a job while the EAD has been applied for renewal?
2) Can one apply for a EAD renewal while they are laid off?
Thanks
Answer is yes to both. To clarify further, if you are using your EAD as the basis for employment, you CANNOT work for any employer, old or new, when the old EAD expires and the new one has not been approved (even if it the appl. is pending).
K.S.
The Bottomline is .....
Thanks folks for responding. From all the responses here is my perception:
1) EAD is tied to I485 and not to a specific job
2) If the I 485 is pending, then the EAD can be renewed irrespective of whether you are employed or not.
3)Without EAD, you cannot work... period.
Did I sum this right?
Thanks for all the responses.
Thanks folks for responding. From all the responses here is my perception:
1) EAD is tied to I485 and not to a specific job
2) If the I 485 is pending, then the EAD can be renewed irrespective of whether you are employed or not.
3)Without EAD, you cannot work... period.
Did I sum this right?
Thanks for all the responses.
psinha
I have a similer situation, I paid consultation fee to the lawyer and procure the information.
1.EAD is certainly tied to I485 but you job must be similer to what it is written in Labor Certification.
2.yes, but might have problem if INS will issue an RFE and ask for pay stubs for last 2 years.
3.You can work on Expired EAD for next 3 months of the expiration date, provided you have applied for a renewal, even after 3 months if you have not received your renewed EAD, you can go to local INS office and get the Interim EAD(for free).
I have a similer situation, I paid consultation fee to the lawyer and procure the information.
1.EAD is certainly tied to I485 but you job must be similer to what it is written in Labor Certification.
2.yes, but might have problem if INS will issue an RFE and ask for pay stubs for last 2 years.
3.You can work on Expired EAD for next 3 months of the expiration date, provided you have applied for a renewal, even after 3 months if you have not received your renewed EAD, you can go to local INS office and get the Interim EAD(for free).
Bindaas
3.You can work on Expired EAD for next 3 months of the expiration date, provided you have applied for a renewal, even after 3 months if you have not received your renewed EAD, you can go to local INS office and get the Interim EAD(for free).
You can not work and get paid if you don't have a valid EAD. Even if your EAD is renewed, it will be valid from the date it was approved and not from the date your previous EAD expired. EAD does not work like your H1 extension.
3.You can work on Expired EAD for next 3 months of the expiration date, provided you have applied for a renewal, even after 3 months if you have not received your renewed EAD, you can go to local INS office and get the Interim EAD(for free).
You can not work and get paid if you don't have a valid EAD. Even if your EAD is renewed, it will be valid from the date it was approved and not from the date your previous EAD expired. EAD does not work like your H1 extension.
I would like add to one point here. The approval date for your EAD may be backdated by BCIS. There’s no logic behind their decisions. Let’s look at my application as a case study.
I applied for an EAD in December 2002. The EAD was approved in July of 2003 (over 6 months!). When I got the card in the mail, the dates were from January 2003 to January 2004 even though it was only approved in July 2003! The moral of the story is BCIS can and will do whatever they want. In my case, they may have thought they were doing me a favor by backdating my application.
However, one thing is certain. You MUST have a valid EAD card to work legally. In my case, I was on an interim EAD. If my employer was willing to overlook the I9 requirements I would have been ok since the EAD was backdated. But this is a gamble. It’s best not to count on it.
Rgds,
sadiq
I applied for an EAD in December 2002. The EAD was approved in July of 2003 (over 6 months!). When I got the card in the mail, the dates were from January 2003 to January 2004 even though it was only approved in July 2003! The moral of the story is BCIS can and will do whatever they want. In my case, they may have thought they were doing me a favor by backdating my application.
However, one thing is certain. You MUST have a valid EAD card to work legally. In my case, I was on an interim EAD. If my employer was willing to overlook the I9 requirements I would have been ok since the EAD was backdated. But this is a gamble. It’s best not to count on it.
Rgds,
sadiq
Originally posted by Dear
Bindaas
3.You can work on Expired EAD for next 3 months of the expiration date, provided you have applied for a renewal, even after 3 months if you have not received your renewed EAD, you can go to local INS office and get the Interim EAD(for free).
You can not work and get paid if you don't have a valid EAD. Even if your EAD is renewed, it will be valid from the date it was approved and not from the date your previous EAD expired. EAD does not work like your H1 extension.
Bindaas
Read the I-9 form. If you do not have an EAD you have to produce it within 90 days. But you have to show a receipt notice.