EAD information

E

EAD2003

Registered Users (C)
Hello all,
I need some info on this EAD stuff. I have my 1-140 filed and is to be approved soon. I have also filed for my I-485.
My questions below.
1. Can I change jobs based on EAD
2. Does my sponsor company have any control over my GC case. I mean can they terminate or revoke the I-140.. or something to this effect.
3. If I get married after switching jobs, can I get my wife over to the US? My H1B expires 2005. Will the H1B be still valid if I switch jobs based on EAD?
4. What if I switch jobs 6 months after 1-485 filing? Any risks here. Which option is better- switching on EAD or this?


Any replies to this will be greatly appreciated?

EAD2003
 
EAD2003

I understand you did concurrent filing.

After your I-140 is approved, and its past six months since you applied your I-485, you can take advantage of AC21 clause and can change to similar job using your EAD.

If your I-140 is not approved and though its already 6 months since you applied for your I-485, its better you stick to your company, because your sponsering company may withdraw your I-140 and along with that your I-485 processing will be terminated.

After switching jobs, you can bring your wife to US, subjected to condition that your H1 is not withdrawn. How do you assume that your H1 sponser(I assume he sponsered for your GC also) will not withdraw your H1 even after you leave him? If your H1 is withdrawn, then you can't get your wife on H4. You may have look into other options. Get married and bring your wife on H4 to US before taking any steps like this.

Good luck

Bob
 
1. Can I change jobs based on EAD

Ans: Yes, you can change jobs using your EAD provided your 485 remains unadjudicated for 180 days or more.

2. Does my sponsor company have any control over my GC case. I mean can they terminate or revoke the I-140.. or something to this effect.

Ans: Yes, during the first 180 days after filing your 485 or till the 140 is approved your sponsoring employer has the right to revoke the 140. Don't know the exact rules for concurrent filing but please check with your lawyer.

3. If I get married after switching jobs, can I get my wife over to the US? My H1B expires 2005. Will the H1B be still valid if I switch jobs based on EAD?

Ans: If you use your EAD, technically your H-1B becomes void but there might be possible loopholes that you can take advantage of. It might be better to get married while on H-1 and get your wife here on an H-4 and then switch jobs using EAD.

4. What if I switch jobs 6 months after 1-485 filing? Any risks here. Which option is better- switching on EAD or this?

Ans: If you switch jobs 180 days after filing 485, you can take advantage of AC21.
 
Hey bob - thanks for the info. Makes sense.
Just for curiosity - is it possible to switch jobs on an EAD (before the 6 months have lapsed after 485 filing). What are ths risks here?

thanks
 
EAD2003

Well, if you want to jeopardise your AOS process, you can do that. The sponsering company can withdraw I-140 application, even approved, within 180 days of applying for I-485. If that happens, you know what will happen.

However, if the sponsering company doesn't have any issues with your change of job and they don't withdraw I-140, then you can change before 6 months. Lot of people did that, but the reason was they were fired within 6 months and their company didn't withdraw I-140. Some people immediately were out of status, when they were fired within 6 months and their sponser also withdrew I-140s.

Bob
 
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