EAD denial by company

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puneet_gcard

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Gurus. I need some advice here. My company is refusing to file for my EAD card after I-485 filing when my labor gets approved. 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 file EAD own your own. You will need the copy of of your 140 approval and 485 along with other documents. Normaly companies do that to hold you from fleeing after 6 months of 485.
 
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. ?
 
Go to the INS website and get the forms from there, they will mail the forms you want ( I 765). Basically you don't need that many paper works, just your Receipts ( I 140, I 485-if you have it).

You can work with any employer with EAD, no restrictions. Just that if INS asks for an interview, you have to show you are working on a similiar position.
 
is the copy of I-140 approval must ? or just the copy of I-485 receipt should do ?

thanks
 
copy of I-485 receipt will do, fill up the form for EAD attach 2 phothograps ( same style you sent with I-485) Send INS Fee for EAD.

you dont have to ask or tell your Employer, you do not need any employer letter for EAD,
Better also send Application for AP 2 photograps and INS fees

Once 180 days are over after filing I-485 you can also change the job, AC21
with EAD you can work with any employer,if you work on EAD and want to go out of USA you need AP, that is the reason it is alwayes better to have AP if in any emergency you have to go out of US. for AP application you do not need any Letter or Signature from your employer.
 
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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 ?
 
U can

switch employers after 6 months of 485 pending (as long as i140 has been approved before this 6 month is over) per AC21.
 
switch employers after 6 months of 485 pending (as long as i140 has been approved before this 6 month is over) per AC21.
Click to expand...

Thanks Jaxen. Where can I read about this. Wherever I read it says you can switch on EAD card. But in my case getting EAD may be unlikely and I want to play it safe by not applying for EAD card. Else I risk losing my job if employer finds out.

So I am looking for a thread/site which tells me about switching employers after being 6 months on H1-B.

Thanks in advance !!
 
Thanks Jaxen. Where can I read about this. Wherever I read it says you can switch on EAD card.
***Read AC21 on Immigration.com or Murthy.com or seaarch for it many lawyer have that,
***IN SHORT AC 21 SAYS THAT IF YOU HAVE FILED -I-485 and is pending more than 180 days you can leave the employer if you want and your GC will not be cancelled, but you should have job in same or similar occupation.

But in my case getting EAD may be unlikely and I want to play it safe by not applying for EAD card. Else I risk losing my job if employer finds out.

*** How the Employer will find out? you have to file for it and EAD will be mailed to your address.

So I am looking for a thread/site which tells me about switching employers after being 6 months on H1-B.
*** You Can Switch even after working on H1B for 2-3 months, you can tranfer your H1B any time . you should be in valid H1B status and should have current Paystubs.

I hope you are confused, you talk about EAD, I-485 Portability under AC21 and also H1b to H1B transfer, search for yourself...

Thanks in advance !!
 
Hi puneet_gcard

I think green card is for future job, so you can do H1 transfer before that, then you don't have to wait for 6 month after I-485 filed. But after you get your green card you need to join your sponsor company back.

As I understood AC21 is only apply for adujsty (of gren card, who doesn't have non-immigrant status by using EAD and not got immigrant status as green card appoval) so if you are not using EAD or AP you can still maitain your non-immigrant status. so you already have status. and AC21 is out of questions.

But As your H1 is still valid, you can file EAD 3 month after your I-485 file if you want, so after 6 month when you are eligibale for AC21, you can use EAD to change your status to adjusty and change job if you need to. otherwise you can do h1 transfer at anytime without affecting your green card process, provided you ahve to join that company after your greencard arrive.

I hope this will help you.

JB
 
jbm:
where are u getting that: "But after you get your green card you need to join your sponsor company back." ? any URL?

What if the company doesnt want you? or the company is gone,,,?
 
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 !!
 
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