EAD renewal - AC21 change of employment

P

panjan04

Registered Users (C)
Dear All,

I appreciate your time and help in making decision on below situation.

My EAD expires on Oct 24th 2008. Ideally I should file my renewal some time after June 24th.
But I recently accepted offer from my client where I am working currently.
Because client and my employer still have business contracts and my employer is prefered vendor for client, they want to make the start date as August 1st, but by then I will not have 90 days time to file EAD.
Client is going to file H1B but I am not sure when it will be approved. So I am affraid of the situation where I will not have H1B and EAD after I joined the client.

Can I file EAD before joining client? Will that work? Do I need to produce any documents from employer for EAD renewal? If I submit I140 copy, then they will think that I am with existing employer, but by the time they start processing application and approve, I will be with another company. Is that going to work?

What would be the best way to avoid any issue in this process.

Thanks a lot
 
Your EAD is not tied to a specific employer. File for the renewal as soon as you legitimately can. You don't need to send in a copy of the I-140, you only need to send a copy of the I-485 receipt notice and don't need anything from the employer. Did you download the I-765 instructions and the form?
 
panjan04 said:
Dear All,

I appreciate your time and help in making decision on below situation.

My EAD expires on Oct 24th 2008. Ideally I should file my renewal some time after June 24th.
But I recently accepted offer from my client where I am working currently.
Because client and my employer still have business contracts and my employer is prefered vendor for client, they want to make the start date as August 1st, but by then I will not have 90 days time to file EAD.
-------------you can file EAD, it is has nothing to do with Present or future employer EAD is based on your Pending I-485
Client is going to file H1B but I am not sure when it will be approved.
---------------if the new employer is filing H1 transfer then you can join once you get the H1 transfer filing reciept from USCIS. you dont need H1 approval in hand to join new employer
So I am affraid of the situation where I will not have H1B and EAD after I joined the client.
----------------------Before you join if new employer file the H1 transfer you are OK
Can I file EAD before joining client? Will that work?
--------------you can
Do I need to produce any documents from employer for EAD renewal?
--------------NO, you need Copy of your I-485 filing reciept
If I submit I140 copy, then they will think that I am with existing employer, but by the time they start processing application and approve, I will be with another company. Is that going to work?
-------------------nothing wrong if you also send Copy of I-140 approval, but that is not needed for EAD or AP, if you send it will not hurt

What would be the best way to avoid any issue in this process.
----------------Let the new employer file H1 transfer and join once you get H1 filing reciept. your start date is going to be August 1 with new employer and you will get H1 Transfer filing reciept before that date if the employer file H1 transfer now or in 10-15 days
Thanks a lot
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ginnu said:
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Click to expand...

Ginnu and others,

As mentioned above my EAD expires on Oct 24th. My 9th year H1B expires on Sep 8th.

So if new employer files H1B before August1st and get the receipt number and I join the new employer, and suppose if H1B not approved by Sep 8th, can I continue working on H1B receipt without using EAD until H1 gets approved?
 
panjan04 said:
Ginnu and others,

As mentioned above my EAD expires on Oct 24th. My 9th year H1B expires on Sep 8th.

So if new employer files H1B before August1st and get the receipt number and I join the new employer,
-----------------------------------YES
and suppose if H1B not approved by Sep 8th, can I continue working on H1B receipt without using EAD until H1 gets approved?
----------------Yes, H1 transfer filing reciept is enough till you get H1 approval notice.
Click to expand...
---------- when the new company lawyer file your H1 transfer inform him that your I-485 is pending and provide your A# (it is on your I-485 filing reciept)
 
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