EAD and expiry of 180-days after submission of AOS-application seem to be invalid to take a new job.

R

Ravi Mecheril

Registered Users (C)
I have been following a number of discussions in this forum about taking up a new job either under EAD or six months after applying for Adjustment of Status (AOS). The discussions pointed out that one can take up new job under these circumstances.

 Presently, I am laid off. My H1B-status is over, as I have been working in the last six years under H1B. I have EAD, and six-month period is over after my application for AOS had been submitted. I found a company who would recruit me for a position, but they say that they can not allow me to take up the job under my EAD. They told me that I must have a Green Card on hand to get the job. According to their attorney, the INS has not released any regulations regarding changng the employer 180 days after the AOS-application, or changing the employer under EAD. Apparently, legislation is available but regulations are not. On account of this reason, I am unable to take up the job. Does anyone know cases of changing jobs under EAD or six months after the AOS-application? Has any one taken up a new job in these circumstances? If anybody has, please share the information as to how one could change jobs either under EAD or six-months after the submission of I-485.

Thanks,

Ravi
 
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You can take up the job under EAD and then ask the company to file for your new H-1B. They are right..clear regulations have not been released for the 180 day rule
 
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I am unable to apply for new H1B-visa, because I have already completed the 6-year limit. Is there any other way?

Thanks,

Ravu
 
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ravi,
  you can take up a new job after 180 days provided you do the same job, There
is a AOS Memorandam published by INS go to immigration-law.com you can get
lot of details once you change the job your new employer has to send a letter of
intent to the INS.
 
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Ravi, this is a tough situation for you because the hiring company listen to the lawyer who might be stupid and stubborn. Try to find some other companies to hire and sponsor you. They may have better attorney.
 
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I called my lawyer a week back to find out what my options were in case of a layoff before my green Card. He said the same. ... Ins has not setup any clear guidelines to handle these (180 day rule) cases so he is not sure how INS would act. So he suggested to try and maintain my employment with the current ermployer. I remember though that he told me in a suituation that I have to definitely change the job I could always do that on an EAD.
 
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