EAD and AC21

A

ar_lr_con

Registered Users (C)
Hi,

I am on H1B and have EAD going to expire in Aug 2010. I never used my EAD.
I filed AC21 and H1B transfer to “B” company.

1. I am planning to change the job on EAD. If I change to “C” Company say in March 2010, is it possible to extend my EAD from “C” company as EAD will be left 5 months to Expire and should I file AC21 with “C” company.
2. Is it advisable to extend EAD before 7-8 months?
3. I have priority date Jan 2002 EB3 will that effect if I change on EAD to “C” company.

Please Advice. Thanks!!
 
ar_lr_con said:
Hi,

I am on H1B and have EAD going to expire in Aug 2010.
I never used my EAD.


I filed AC21 and H1B transfer to “B” company.
-------------------it means employer B filed H1 transfer for you and you are working with B and sent B job offer letter to invoke AC21 with pending I-485.
1. I am planning to change the job on EAD. If I change to “C” Company say in March 2010, is it possible to extend my EAD from “C” company as EAD will be left 5 months to Expire and should I file AC21 with “C” company.
----------------- you can join C on EAD. EAD is not based on comany A or B or C. EAD, AP are based on your Pending I-485. I-485 is your Petition. you can file EAD and get new EAD. file for EAD on time. once join C then file AC21 request by sending C job offer letter with same/similar job duties.
2. Is it advisable to extend EAD before 7-8 months?
------------------ Read the instructions to file EAD on USCIS site. I think you can file 90 days advance of your current EAD expiry date.

3. I have priority date Jan 2002 EB3 will that effect if I change on EAD to “C” company.
---------------------PD will not change if you join C or D or F. PD is the date LC was filed for you.
Please Advice. Thanks!!
Click to expand...

No ifo provided:
LC filed date...
I-140 approved date....
EB3 is India or ROW?
country of birth?
I-485 filing date...
 
Thanks for the response Ginnu. I appreciate sharing the information.

I have another question

My company B is a consulting company and if I get lad off from my job and pay Stubbs not running for a while, so does it affect my status as I am on H1B with pending I-485.
Does pay stubs need to be continuous without any gap…

EB3 India
I-140 July 08
I-485 August 07
 
Once you get laid off your H1B is immediately invalid (even if USCIS doesn't know about it right away). Same thing if you change jobs with the EAD.

However, your loss of H1B status doesn't affect your I-485. You can still remain in the US legally with the pending AOS after losing your H1B job. However, you need to find another "same or similar" job before USCIS inquires about your job status.
 
ar_lr_con said:
Thanks for the response Ginnu. I appreciate sharing the information.

I have another question

My company B is a consulting company and if I get lad off from my job and pay Stubbs not running for a while, so does it affect my status as I am on H1B with pending I-485.
Does pay stubs need to be continuous without any gap…
-----------------------you will not be on H1 status. you will be AOS pending and will need Valid EAD for work and valid AP approved in US if you want to go out so that you can enter on AP.
what is your PD?
EB3 India
I-140 July 08 filed or approved?
I-485 August 07 (filed)
Click to expand...
------------------- if your EB3, India PD is 2004 or 2005 it is going to take long time to get GC according to present situation.
 
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