EAD FAQ & Facts

P

Padosan

Registered Users (C)
For those who have the EAD card, please post your experience about what have you done after getting the EAD.

1) Changed jobs?
2) Renewed H1B?
3) Travelled?

My understanding is that:
- One can change jobs after 180 days of I-485 receipt date.
- One can change jobs only to the similar job position and work type.
- The new employer still has to file some application (not like H1B) with USCIS.
 
ead and extra job

How about getting an extra job -just based on EAD- without leaving the current position? will it harm the GC process? H1 valid until 2008, I485 submitted on May 2007, ROW PD march 2003.
 
My understanding is that you can do another job like part time on EAD after 180 days with your H1 still valid. Which means you are still working for your primary employer on H1 while AOS is pending. Check with your lawyer though.
 
> My understanding is that you can do another job like part time on EAD with
> your H1 still valid.

I don't think so. Once u start doing a part-time job, you are using your EAD for that purpose.
You can't work on both EAD and H1 at the same time. Once u starting using your
EAD, your H1-B should be invalid.
 
According to the FAQs on this site http://www.immigration.com/faq/eadfaq.html#45

If you are an employment based AOS applicant, you must continue working for your sponsoring employer to retain your eligibility.

If you wish, you may also accept additional employment with other companies, or even open your own small business.

This additional employment must be supplemental to the employment used to qualify you for adjustment of status.
 
I dont think it says your H1B is still valid. THe statement what you can do on your EAD..



Padosan said:
According to the FAQs on this site http://www.immigration.com/faq/eadfaq.html#45

If you are an employment based AOS applicant, you must continue working for your sponsoring employer to retain your eligibility.

If you wish, you may also accept additional employment with other companies, or even open your own small business.

This additional employment must be supplemental to the employment used to qualify you for adjustment of status.
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How long before we get EADs?

Any clue as to when we should expect EADs with so may applications inJuly-August:confused: ? Any thoughts?
 
J1 waiver physician currently completed 3 yrs waiver requirement on H1-b at MUA site and still employed at same site beyond committent period (year 4 on H-1B - Expr date 5/30/09). See Green Card details below. My spouse is also doing medical residency training on H-1B (Exp date 6/30/09). Both of us applied for Adjustment of status, EAD and Advanced Parole document.

I am planning to join fellowship training next year. I know that I can change jobs in 6 months after receipt of I-485 application provided I am in the same field of work. Fellowship training involves advanced work in a specific subsector of my field. My salary during my 3 years of fellowship training will be 4 times less than what was quoted in my labor certification and I-14 application. The hours I work will be essentially the same but I will do 4 times less call in the hospital. My questions are as follows:

1. Can I use EAD & portability to start fellowship training next July? Would my situation satisfy the requirement that my new job be in the same field as was specified in the labor certification application?

2. When it comes to EAD renewal:
(a) do I need my current employer to re-affirm their commitment to USCIS that they are still interested in sponsoring me for my Green Card even though my employer will be aware for my departure to another hospital?
(b) Can my new employer endorse my EAD renewal application without having any endorsement from my current employer?

3. In hind sight I am regretting that I applied for an EAD and AP for my wife as she already had a valid H-1B visa for the duration of her residency training. Now I am faced with annual renewals of her EAD or worse, should my I-485 face any problems (very unlikely), she would be without legal status. In worst case senario, ie I-485 rejected or abandoned by me to pursue fellowship training, would she have to re-apply for her H-1B visa to continue her training? Would her previously valid H-1B visa give her legal status despite nullification of my I-485.

I totally understand that the easy way out is to delay my fellowship plans for a year by which time I will probably have my Green Card but my compelling desire to do this training for improvement of my current life style.

I look forward to your comments.
Thank you
Rog
EB2 India
PD 11/4/2004
I-140 11/2004 (RIR) Approved
I-140 9/2005 (PERM) Approved (Same employer)
I-485/131/765 RD : 8/15/2007 (NSC) - Used I-140 with PD of 11/2004
 
Those who have an EAD card are eligible do any salaried part-time job along with their jobs at the primary H1B sponsorer even though the H1B expires until 180 days of I-485 receipt date, when one can change the job to a different employer with similar or upgraded job position and salary.

Once the H1B expires while on EAD status, it is optional to renew it. Some people consider it safer to renew H1B before the green card arrives.

One can use H1B visa or EAD for re-entry at the U.S port of entry.

Am I right about the EAD & H1B above?
 
Padosan

It is clearly printed on the EAD card that it may not be used for re-entry to the US. You will need a valid stamped H1B visa on your passport or Advanced Parole to re-enter the US.


Stoned!
 
Where I mentioned EAD, I actually meant using the Advance Parole.

StonedAnt said:
It is clearly printed on the EAD card that it may not be used for re-entry to the US. You will need a valid stamped H1B visa on your passport or Advanced Parole to re-enter the US.


Stoned!
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