EAD exists. Lost Job

A

ajayvij

Registered Users (C)
Hi

My company lay me off today. I already have EAD for my wife and myself which I received in April, 2004. My I-140 and I-485 were filed concurrently in Feb, 2004. I already completed fingerprinting for AOS in April, 2004. I wanted to know if I can work using my existing EAD with a new company or if my EAD is not valid for work anymore?

I would greatly appreciate for your advice on this matter.

Thanks in advance
Ajay
 
ajayvij said:
Hi

My company lay me off today. I already have EAD for my wife and myself which I received in April, 2004. My I-140 and I-485 were filed concurrently in Feb, 2004. I already completed fingerprinting for AOS in April, 2004. I wanted to know if I can work using my existing EAD with a new company or if my EAD is not valid for work anymore?

I would greatly appreciate for your advice on this matter.

Thanks in advance
Ajay
Click to expand...

Yes - if your I-140 approved and > 180 days of filing of 485 under AC-21.
NO - if I-140 not approved yet

vasgaddam
 
ajayvij said:
Hi

My company lay me off today. I already have EAD for my wife and myself which I received in April, 2004. My I-140 and I-485 were filed concurrently in Feb, 2004. I already completed fingerprinting for AOS in April, 2004. I wanted to know if I can work using my existing EAD with a new company or if my EAD is not valid for work anymore?
------ It seems your I-140 is not approved and I-485 is NOT pending for I80 days, at this time you are not eligble for AC21, you can use EAD but it will be Risky .better join new employer wth H1 transfer and you are also eligible for 7th yer H1 extension.
** If possible request your past employer not to revoke pending I-140(or enter a deal)
I would greatly appreciate for your advice on this matter.

Thanks in advance
Ajay
Click to expand...
 
Think twice after reading this

i am in ths same situation

but i am in the job right now

still because of some reasons i want to change the job my self and

i contacted my employer and he aggreed for that and he said i can even change the company if i get a good offer(if the other company gives me job only if i work directly) after six months(in pay role) of filing I-485 irrespective of I-140 approval or pending.

In my case he said he won't cancel I-140 so your employer shouldn't cancel ur I-140 and you should be in six months pay role then you can change the company with out any problem.

I don't know much about immigration laws..........
please find and then take step...................I also need to conform pl. let me also know your new information.

Thank you
 
Hi Ajay,

A few months back, I had checked with my lawyers (as I came close to the same situation). She did specifically say that AC21 without I140 approval was very risky. And she would not be able to assure anything.

She insisted that I wait (or talk to my employer) to hold on till I140 was approved...

Hope things work out for you...

Regards,

ns77
 
pvlkvr said:
i am in ths same situation

but i am in the job right now

still because of some reasons i want to change the job my self and

i contacted my employer and he aggreed for that and he said i can even change the company if i get a good offer(if the other company gives me job only if i work directly) after six months(in pay role) of filing I-485 irrespective of I-140 approval or pending.

In my case he said he won't cancel I-140 so your employer shouldn't cancel ur I-140 and you should be in six months pay role then you can change the company with out any problem.

I don't know much about immigration laws..........
please find and then take step...................I also need to conform pl. let me also know your new information.

Thank you
Click to expand...

Can you please explain more as to how I can ask my employer not to cancel my I140. If they do not cancel can I work with new company on an H1 or have to wait till I140 get approved and stay at home?
 
I am told your EAD is valid for any type of employment. The issue is if you get an EVL RFE for your 140/485 - then you're gonna have to find an employer to answer to the RFE. I am not too sure about the issue of your 140 being approved or the post 180 day issue related to the 485. Good Luck.
 
Ajay and PVLKVR: There are 2 separate parts to your questions:

Use of EAD Card and Use of AC-21 (change of jobs while GC is pending) are 2 different issues.

1. Use of EAD Card: Yes, you can use ur EAD card to join another job, irrespective of whether you are continuing to work for sponsoring employer or not, 140 approved or not, EAD RD > 180 days or not, new job description, et al.

2. Use of AC-21: You can only leave your sponsoring employer after 140 has been approved and 485 RD > 180 days. If you change jobs before any of these conditions are met, you are at considerable risk. The employer can cancel your 140, USCIS may issue a RFE that you may not be able to answer, etc etc.

However, in your case, as you are being laid off by your employer, you can try to cut a deal with them so that they will not ask USCIS to cancel ur 140. They are not required by law to cancel ur pending 140 on laying u off. Then, you can join another employer in a similar job, either on EAD or H1. You may want to work as a contractor for the new employer till 485 RD > 180 days and then join them on a permanent basis. That way, your join date will > 180 days from 485 RD and you should be all set.

Note that in cases like yours, it is better to join new employer on H1 as if you join on EAD, and anything goes wrong with ur 485 and it is rejected, you will be out of status immediately after the denial.

goodluck and keep us posted.

-ab
 
atlantabhopali said:
Use of EAD Card and Use of AC-21 (change of jobs while GC is pending) are 2 different issues.

1. Use of EAD Card: Yes, you can use ur EAD card to join another job, irrespective of whether you are continuing to work for sponsoring employer or not, 140 approved or not, EAD RD > 180 days or not, new job description, et al.

2. Use of AC-21: You can only leave your sponsoring employer after 140 has been approved and 485 RD > 180 days. If you change jobs before any of these conditions are met, you are at considerable risk. The employer can cancel your 140, USCIS may issue a RFE that you may not be able to answer, etc etc.

However, in your case, as you are being laid off by your employer, you can try to cut a deal with them so that they will not ask USCIS to cancel ur 140. They are not required by law to cancel ur pending 140 on laying u off. Then, you can join another employer in a similar job, either on EAD or H1. You may want to work as a contractor for the new employer till 485 RD > 180 days and then join them on a permanent basis. That way, your join date will > 180 days from 485 RD and you should be all set.

Note that in cases like yours, it is better to join new employer on H1 as if you join on EAD, and anything goes wrong with ur 485 and it is rejected, you will be out of status immediately after the denial.

goodluck and keep us posted.

-ab
Click to expand...

Seems a bit clear now. The only problem is my H1B six years will complete in January 2005. Also I do not know how long I can stay in US after I am layed off on the current H1. If I want to transfer my H1B to a new company can there be gap of couple of months. If I join the new company with an H1B will my EAD be invalid. Please explain.
 
ajayvij said:
Seems a bit clear now.
The only problem is my H1B six years will complete in January 2005.
Also I do not know how long I can stay in US after I am layed off on the current H1.
----- you should file H1 transfer ASAP, becase if previous employer tries to revoke the pending I-140 before approval you will have H1 status to stay and work in US
If I want to transfer my H1B to a new company can there be gap of couple of months.
----better file ASAP becase for H1 transfer they need recent 2-3 paystubs from past employer
If I join the new company with an H1B will my EAD be invalid.
----- you can join new employer with H1 transfer and it has nothing to do with EAD, EAD will be valid, if the I-140 is revoked then I-485, EAD ,AP all will be revoked or denied. request your employer not to revoke the pending I-140 ( I hope you know what is DEAL enter a deal with him) and dont use EAD once EAD is used you will be no more on H1 status and will NOT be able to Transfer or file H1 extensions
Please explain.
Click to expand...
 
Last edited by a moderator:
EAD exists lost job


How can I extend my H1B to 7, 8, 9 years if I do an H1B transfer to new employee?
Please reply.
 
ajayvij said:
How can I extend my H1B to 7, 8, 9 years if I do an H1B transfer to new employee?

1 if you have LC pending more than 365 days you can extend H1. if you have LC pending more than 365 days from ANY employer filed for you and you have evidence of LC filing
2 if you have filed I-140, you can extend H1
3 if you have filed I-140 and I-485 you can extend H1 for 7th year or 8th year (1 year at a time)
** you should be on H1 to extend H1 if EAD used you cannot extend H1

*** if you are on H1 and have filed I-485 then new employer or his lawyer can file your H1 Transfer/Extension with I-485 pending reciept for 7th year once 7th year is approved then file 8th year before 7th year H1 expires and if I-485 is not yet approved
Please reply.
Click to expand...
 
I'm also in a simular situation, got layed off last week.
Got my EAD,FP and AP.
140 is still pending, my attorney and HR assure me that
they don't withdraw my 140.

I don't know can I take a new job using my EAD.
My 7th year H1B is expires on Sep-2004
 
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