EAD renewal - after loosing job

A

agp

Registered Users (C)
Hi,

I have filed I140 and I485 on Dec 8th, 2003. I have already recieved the EAD. However, my company is laying me off on March 12th 2004.

1)My employer has told me that they will not revoke the I140. So am I safe in the GC process? What if I get a RFE for I485 for the letter and I cannot produce a letter from GC sponsoring company? What if I produce a letter from the new employer (if I find a job)? Will it be sufficient?

2)Is the EAD that I have currently renewable although I am at another job? Do they ask for a letter from GC sponsoring company for this?

Thanks in advance.
 
Approval of 140 is more important...

than the RFE of 485. To invoke AC21 you should have an approved 140 and 485 filed for 180 days without adjudication.

Based on the current approval trend it seems that the 485 will not be adjudicated soon. As long as they do not revoke the 140 AND there is no RFE on it you are safe.

EAD gives you the freedom to work for any employer and is not connected to the GC sponsor in any way. To preserve/renew your EAD the underlying 140 has to be approved.
 
1)My employer has told me that they will not revoke the I140. So am I safe in the GC process? What if I get a RFE for I485 for the letter and I cannot produce a letter from GC sponsoring company? What if I produce a letter from the new employer (if I find a job)? Will it be sufficient?

find a new job with similar job duties and compatable pay and use AC21. new employer EVL is fine for you .

2)Is the EAD that I have currently renewable although I am at another job? Do they ask for a letter from GC sponsoring
company for this?

You can renew the EAD. no JOB letter is required for EAD.
 
EAD can be renewed as long as 485 is pending. 485 stays pending till 140 is not revoked or rejected or 485 adjucated.
 
agp
All the info provided by other posters is correct
To be safe you can also join new employer with H1 transfer and file H1 transfer with recent pay stubs. If you join new employer with H1B status job on H1 status is not need to be same or similar. It is the Future Permanent job OFFER letter from new employer that should state that you would be employed on permanent basis after I-485 approval in same/similar job as on past-approved LC to invoke AC21
If join with EAD find same/similar job and new employer should be ready to give you Future Permanent job offer letter

Take the print out and Read the AC21 august Memo:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf

** request your past employer not to revoke pending I-140 and if any RFE he should reply to that
 
If one joins the new employer with H1 transfer, then he need not be in
same or similar job. How would one invoke AC-21 to preserve the earlier GC process?
:confused:
 
If one joins the new employer with H1 transfer, then he need not be in
same or similar job.

----- NO, the H1 job is on nonimmigrant status job, GC is for FUTURE PERMENENT JOB and you ONLY need Future Permanent job OFFER letter
How would one invoke AC-21 to preserve the earlier GC process?
----- Your new employer should give you future permanent job offer letter and that letter should state that you would be employer in same/similar job, skills as on LC after I-485 approval and they intend to employ you on permanent basis. you just send your intent change and new employer letter for future permentnt job offer letter to USCIS and invoke AC21 for pending I-485

Take the Print out of august Memo and read it in detail you will under stand it:

http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
 
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