EAD denial by company

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puneet_gcard

Registered Users (C)
Gurus. I need some advice here. My company is refusing to file for my EAD card after I-485 filing. This is because I have full 6 years left on my H1-B visa. But in this case if they lay me off during I-485 then Could I still avail the 6 months portability rule by filing for an EAD card on my own. Or does it still need to be filed by my employer.

Please give my your responses here. Thanks in advance !!
 
I think you can do EAD yourself

I think you can do EAD yourself, people (dependents) who do not have a job can apply for an EAD after they filed 485.
 
you can apply for your own EAD...

the important point to remember is: in case of I-140, your employer is the applicant (you are the beneficiary), but in case of I-485, you are the applicant, and, as such, the owner/responsible party of your AOS process. since in most cases the company's lawyer applies for AOS on behalf of the applicant, it is often assumed by the employee that the company is the applicant.

just go ahead and apply for your EAD (and for your spouse or other derivative applicants), giving your own address. you can also apply for AP if you want to travel abroad.
 
Thanks a lot for your response!!!!

Where can I get information on this. On how to file EAD on my own. I dont find any information much about it.

So what you are saying is that I cant change employers on H1-B after 6 months even if I get laid off. ?

My company is willing to file EAD for my spouse but not for me as they say it is a costly affair.

If I file on my own then does it revoke my H1-b status. WOnt my company find out about it??

Thanks in advance !!
 
answers

Where can I get information on this. On how to file EAD on my own. I dont find any information much about it.

you can download the appropriate form (I-765) with instructions from http://www.ins.usdoj.gov/graphics/formsfee/forms/files/i-765.pdf

you can also browse the INS site for more info on this and other subjects.

So what you are saying is that I cant change employers on H1-B after 6 months even if I get laid off.

i neither said nor implied that. this is an unrelated topic; short answer is, you can change employers, the 6-month period has nothing to do with H1B... please search these forums for keywords "AC-21" or "AC21" for more details, the thread Please help !! 485 Approved might be a place to start...

My company is willing to file EAD for my spouse but not for me as they say it is a costly affair.

that sounds like baloney... the fee is 120 bucks per applicant.

If I file on my own then does it revoke my H1-b status.

i will quote some relevant passages from www.immihelp.com:

"Getting an EAD and using an EAD are two entirely different things. Using an EAD means working based on that EAD and that means when you join any company, signing I-9 form in which employment eligibility is based on EAD. The person can change from H1 status to EAD status by contacting their HR department and filling I-9 form again based on EAD.

So just receiving EAD/AP does not change the non-immigrant status in any way and he/she is still on H or L status. Thus the person is either in EAD/AP status or in H/L status."

i will add the following:

Advantages of EAD:

- you can work part time for another employer. but you *must* remain employed full time with your I-140 sponsor to keep your I-485 alive.

- in case you are laid off, you can immediately join another employer using EAD. however, in order to ensure I-485 approval, the new job must match the old job which was labor-certified (and your I-485 should have remained unadjudicated for more than 180 days... read up on AC-21!).

- if you are reaching the 6-year limit on your H1B, you can switch to EAD instead of applying for a 7th year extension. however, this is risky due to the following:

Main disadvantage of EAD:

- if you switch to EAD, you lose your non-immigrant status that went with H1B. so in case your I-485 is denied, you cannot revert to H1B, and you are immediately out of status, and must leave the U.S.

WOnt my company find out about it??

conceivably, yes... but unlikely if you apply by yourself, and make sure that the return address is yours. but screwups are known to happen... your lawyer might learn if any correspondence reaches him/her. but in case of I-485 you are the client (even if the lawyer is retained by your company), so s/he should respect attorney-client confidentiality.
 
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Well said

Pork Chop - Great job in outlining all the aspects of EAD, I-485 and H1. Outstanding.

I would like to add to puneet that I think your employer suspects that you may try to pursue new employment if you get your EAD and that's why they are kicking up a fuss.
Well, in this market if your employer wants you so badly, more power to you man.

Good luck!
 
Thanks for the reply guys !! Here is my specific question:

CAN WE SWITCH EMPLOYERS ON H1-B AFTER 6 MTHS OF I-485 IF NEW EMPLOYER IS WILLING TO DO THE H1-B TRANSFER.

Does this cancel my green card process or not ?
 
Gurus. I did some searching in murthy.com as well as a few other sites. Nowhere AC21 talks about switiching employers after 6 months of I-485 on H1_b. Does any one have any specific link which talks about this topic.

Thanks in advance !!
 
DUDE apply for your EAD right away

hey man

EAD application is not too big a deal, I did it twice myself without help from attorney or company.

The only doc one may require is copy of the 485 application.

While one does research on the H1B company change might as well can apply for EAD.

When approved and 180 days gone one could change companies like a butterfly.

Application fee is only 120 $ and it gets apporved in 2 1/2 to 3 months if not earlier.

"please dont take this as legal advice but as information you can use to make your decision"

Bye
I am a KING
 
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