Experts please help..I am big trouble... Will going on EAD help..

A

Aakash28

Registered Users (C)
Hello,

I am working for Company A based in Boston. They have me on H1B. I already have an approved EAD and Advance Parole (which were filed concurrently with I-485, and I-140). I am still waiting to get my I-140 Approved. Company A send me to New York to work on contract for one of their client Company B. Now so far I was under the impression that the Company B will hire me after I get my I-140 Approved by applying AC-21. But today I was told that my services are no longer required and by the end of this week I will not be working on Contract with Company B. Now I think I am big trouble. Company A has told me that it might even take 2-3 months before they can get another contract for me. So Company A is suggesting that they are going to cancel my H1B and put me on EAD - as they are saying they cannot NOT pay me if I am on H1B when I am not working for those 2-3 months - Company A says that they have Goverment Contracts and they cannot do any such thing. Here is what I am worried about -

1) If Company A cancels my H1b then will I automatically be on EAD - or is there anything that needs to be done on my part to be on EAD status? Any forms, documentation..? And does this switching from H1b to EAD takes any time or is it a 1-day process?

2) Being on EAD will it be OK for me if I am not getting paid anything for the next 2-3 months until Company A finds me another contract?

3) My wife's (who is on H4 Visa) EAD got approved last month - INS made a delivery attempt for her EAD Card last week but for some reason it got returned back to INS. Now I have talked to INS - but they are saying that they had already made a referral and by mistake have sent out her EAD Card again but to somebody's else address this time. So they send out my wife's EAD Card to some other person who must have called them up for re-sending his/her EAD Card. So if Company A cancels my H1b (which means her H4 also stands cancelled) - what status would my wife be on? She still has'nt gotten her EAD Card - and beacuse of what has happened it might be months before she can receive her EAD Card (that is what INS told me) - So is there a EAD dependent status also? If so, then do I need to do something or she would automatically be protected once I make the switch?

4) I was wondering what if I do not get any contract for another 6 months. Then will it be still be safe on EAD status and will Company A will still be fine not paying me anything?

5) Also Company A has told me that I will not have any insurance coverage during that period when I am not working - Will that be fine? As of right now all I am worried about is to get my Green Card - I am not worried about not getting paid or not being medically insured.

Experts please help. Lot of troubles have fallen upon me at the same time. Yesterday lost more than half of what I had in a flooded basement - no renter's insurance!! But that alright if I can take care of atleast my Green Card Issue that will be a big relief..

Thanks
 
Ead

Theday your I-485 was received by USCIS, you and your derivatives (wife) are in a "period of authorized stay". So you have to do nothing, inform no one. Just start using your EAD. Using your EAD, you can do anything, work any job, sell peanuts if you like- you are still legally working. However, at the time of adjudication of your I-485 i.e. when they are ready to give you gc (your PD being current and all security checks being complete), you should have a job or an updated offer of a job that is consistent with your job description in the LC. Keep renewing your EAD every year. you can get the directions to renew EAD from the USCIS website how to renew it yourself. it is really easy. I am assuming you are affected by retrogression, which means you are all set to work for several years on EAD. Worry about your gc when your PD becomes current. Please create your signature (like mine), so we can give you better advice without making any assumptions.
 
be happy !

1) If Company A cancels my H1b then will I automatically be on EAD - or is there anything that needs to be done on my part to be on EAD status? Any forms, documentation..? And does this switching from H1b to EAD takes any time or is it a 1-day process?
Click to expand...
You have to fill the form I-9 inorder to change your work authorization from H1B to EAD...and there is no need submitting this to INS...have to submit to employer...its minutes process....
2) Being on EAD will it be OK for me if I am not getting paid anything for the next 2-3 months until Company A finds me another contract?
Click to expand...
If USCIS asks paystubs for last two months while processing I-140, then you have to submit them....
Since the same employer has been filed Immi petetion for you, there is a greater chance to ask paystubs in proof of ability to pay issue....even it is very good and easy for your employer to proove that he has ability to pay...

if you do not have paystubs by the time RFE (in case), then you can ask your employer to run the paystubs for those two months and submit them.. anyhow you'll have 90 days to response for RFE..

3) My wife's (who is on H4 Visa) EAD got approved last month - INS made a delivery attempt for her EAD Card last week but for some reason it got returned back to INS. Now I have talked to INS - but they are saying that they had already made a referral and by mistake have sent out her EAD Card again but to somebody's else address this time. So they send out my wife's EAD Card to some other person who must have called them up for re-sending his/her EAD Card. So if Company A cancels my H1b (which means her H4 also stands cancelled) - what status would my wife be on? She still has'nt gotten her EAD Card - and beacuse of what has happened it might be months before she can receive her EAD Card (that is what INS told me) - So is there a EAD dependent status also? If so, then do I need to do something or she would automatically be protected once I make the switch?
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She needs EAD to work NOT to maintain status... keeping I-485 receipt gives you status until it is approved/denied...

so don't worry about her status, any case she is fine to stay here....
4) I was wondering what if I do not get any contract for another 6 months. Then will it be still be safe on EAD status and will Company A will still be fine not paying me anything?
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see answer for your Q2....
5) Also Company A has told me that I will not have any insurance coverage during that period when I am not working - Will that be fine? As of right now all I am worried about is to get my Green Card - I am not worried about not getting paid or not being medically insured.
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one sincere advise.... health is more important than immigration....
better to take some insurance that provides you safety in case of emergency....

It is totally irrelavant to USCIS.... they don't care whether you have health insurance or not.... even though you seek govt providing funds, it won't come under public charge which is one of the step in process of I-485...
Experts please help. Lot of troubles have fallen upon me at the same time. Yesterday lost more than half of what I had in a flooded basement - no renter's insurance!! But that alright if I can take care of atleast my Green Card Issue that will be a big relief..

Thanks
Click to expand...

I'm not expert...

'When one door of happiness closes, another opens; but often we look so long at the closed door that we do not see the one which has opened for us.' - Helen Keller, author and educator (1880-1968).

so don't worry about your home stuff that you lost yesterday....
tomorrow is yours.....
 
Thanks vetagaadu, greatly appreciate your advise. Also appreciate pras01 response.

But there already have been RFE on the I-140 regarding the company's ability to pay - to which Company A has already sent in a respond along with my 2 paystubs.

1) So now if there are no more RFEs before my I-140 gets approved (which might get approved in couple of months or may even take a year because of this retrogression) than will I be OK if I am not getting paid at all for 2-6 months?

2) Once my I-140 is approved (assuming it might before the end of this year) than can I still be fine if I am not working? How long can I go without working?

3) Also instead of continuing working for Company A can I look for another job - work for some other Company on a contract basis or as a permanent employee. If I leave Company A after another 3-4 months (during which I dop not work) and join another Company B as a contractor or a permanent employee than is this do-able in my case scenario?

4) Regarding EAD - I have less than 6 months left on my EAD - when should I apply for EAD extension - Also do I need to be working (getting paid) while applying for EAD extension (do I need to submit paystubs or W2s) - as it's very likely that I might be on bench (not getting paid at all) when applying for EAD extension? What if Company A lays me off - will I still be able to apply for EAD extension?

5) Also can I change jobs at this stage - where I have'nt got my i-140 approved yet even though more than 180 days have passed when my i-485 was filed (concurrent filing)?

6) Like Pras01 suggested "you can do anything, work any job, sell peanuts if you like" - Is this true - as I was told that I would need AC21 if I need to switch jobs - also that I cannot apply for AC21 unless my I-140 is approved. Also, I need to find a similar kind of job with same description etc. So I am very worried about what if Company A keeps me on bench for quite a while (6 months or over) or even worst lays me off - what are my options?

7) Like Pras01 suggested "However, at the time of adjudication of your I-485 i.e. when they are ready to give you gc (your PD being current and all security checks being complete), you should have a job or an updated offer" - Is this also true - as if this is the case than my I-485 is not going to get approved for atleast another couple of years - so I can do whatever I wan't until then (like I am planning to do Masters since I will not be working for a while) and I would still be in status?

Please suggest.

Thanks
 
Aakash28 said:
Thanks vetagaadu, greatly appreciate your advise. Also appreciate pras01 response.

But there already have been RFE on the I-140 regarding the company's ability to pay - to which Company A has already sent in a respond along with my 2 paystubs.
1) So now if there are no more RFEs before my I-140 gets approved (which might get approved in couple of months or may even take a year because of this retrogression) than will I be OK if I am not getting paid at all for 2-6 months?
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If your "IF" condition works, then it might be OK...But in some cases they might ask more evidence in others "Proof of ability" cases those are filed by your company.... so in that case, I believe your employer will take care of pending Immigration petitions with USCIS....

suppose your company filed for 10 immi petitions pending in USCIS.... for 9th person they might ask your employer to submit "proof of ability" for pending applications... then your employer collects all paystubs whose applications are in pending and will submit in supporting documentation....

if your employer doesn't submit your paystubs that time, atleast he has to mention that you are in vacation or unpaid leave etc.....otherwise he can run paystubs and submit for you.....

I think if your company has strong financial assets then it won't be any problem in this case....

2) Once my I-140 is approved (assuming it might before the end of this year) than can I still be fine if I am not working? How long can I go without working?
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There is no "fine" word until you get your GC....but there is less chance that USCIS is looking your current employment details until your application is ready to process..

3) Also instead of continuing working for Company A can I look for another job - work for some other Company on a contract basis or as a permanent employee. If I leave Company A after another 3-4 months (during which I dop not work) and join another Company B as a contractor or a permanent employee than is this do-able in my case scenario?
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No word "Contract" until your I-485 approval.... It should be "Permanent job".
4) Regarding EAD - I have less than 6 months left on my EAD - when should I apply for EAD extension - Also do I need to be working (getting paid) while applying for EAD extension (do I need to submit paystubs or W2s) - as it's very likely that I might be on bench (not getting paid at all) when applying for EAD extension? What if Company A lays me off - will I still be able to apply for EAD extension?
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You need I-485 Receipt, 1st EAD card, Top portion of 1st EAD notice (which is attached with card), I-94...

No paystubs, W-2s.... if you start to submit then they will start to ask everyone.....

EAD is belongs to you...even if you layoff you can file yourself...

5) Also can I change jobs at this stage - where I have'nt got my i-140 approved yet even though more than 180 days have passed when my i-485 was filed (concurrent filing)?
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If your GC sponser employer is willing to continue support then thats fine..

6) Like Pras01 suggested "you can do anything, work any job, sell peanuts if you like" - Is this true - as I was told that I would need AC21 if I need to switch jobs - also that I cannot apply for AC21 unless my I-140 is approved. Also, I need to find a similar kind of job with same description etc. So I am very worried about what if Company A keeps me on bench for quite a while (6 months or over) or even worst lays me off - what are my options?
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"you can do anything, work any job, sell peanuts if you like"...
yes...you can sell peanuts in extra time....
but you should have permanent job in same or similar job duties specified in your labor cert....
7) Like Pras01 suggested "However, at the time of adjudication of your I-485 i.e. when they are ready to give you gc (your PD being current and all security checks being complete), you should have a job or an updated offer" - Is this also true - as if this is the case than my I-485 is not going to get approved for atleast another couple of years - so I can do whatever I wan't until then (like I am planning to do Masters since I will not be working for a while) and I would still be in status?

Please suggest.
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Even though your I-485 is not going to approved for atleast couple of years, they might ask you to submit EVL or other related stuff in part of processing your I-485 application....

Thanks
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Thanks vetagaadu,

So here is what I understand - I can remain an employee of Company A even if I am not working (no matter even if I am not working for a period of 6 months) - the only thing to note is that I should have current paystubs (Atleast 2) to show when my PD becomes current. Also I can work for any other Company as long as that other COmpany offers me a permanent job with the same title & description. The main thing is that I should always be employed even if I am not working. I have other related questions to the above -

1) Do I need to have approved I-140 inorder to work on EAD for some other Company and leave Company A?

2) What happens if I loose my job altogether with Company A and am not able to find any other for couple of months - that is I would be unemployed for that period? Will I be out of status? If so, is there a fix?

3) Can I be employed by more than one Company at the same time on EAD? What if I continue my employment with Company A (will not be working for them and not getting paid at all) and also join some other Company B as a full time permanent employee. Is this possible at all? Does the job with Company B has to have the same job description/title or can I do any job? Does it have to be permanent job or can I just do a independent contractual job - as I will still be employed as permanent employee for Company A? Also is there a limitation to number of Companies I can join on an EAD?

Please suggest. Greatly appreciate your suggestions.

Thanks
 
my answers

Aakash28 said:
Thanks vetagaadu,

So here is what I understand - I can remain an employee of Company A even if I am not working (no matter even if I am not working for a period of 6 months) - the only thing to note is that I should have current paystubs (Atleast 2) to show when my PD becomes current. Also I can work for any other Company as long as that other COmpany offers me a permanent job with the same title & description. The main thing is that I should always be employed even if I am not working. I have other related questions to the above -

1) Do I need to have approved I-140 inorder to work on EAD for some other Company and leave Company A?
--------------------Yes better you wait for approved I140 and then leave company A and joint some other company.


2) What happens if I loose my job altogether with Company A and am not able to find any other for couple of months - that is I would be unemployed for that period? Will I be out of status? If so, is there a fix?
-----Even if you sit for 5 months without any pay there is no issue. You can stay with Company A but make sure at the time of GC clear you should have the paystubs.




3) Can I be employed by more than one Company at the same time on EAD? What if I continue my employment with Company A (will not be working for them and not getting paid at all) and also join some other Company B as a full time permanent employee. Is this possible at all? Does the job with Company B has to have the same job description/title or can I do any job? Does it have to be permanent job or can I just do a independent contractual job - as I will still be employed as permanent employee for Company A? Also is there a limitation to number of Companies I can join on an EAD?

----You can be employed by one company and you need to invoke AC21 when you leave company A. Why are you thinking of joining multiple cos at the same time? Relax , do some course, brush up your skill and sit for the interview. You will get a job. Dont worry.


Please suggest. Greatly appreciate your suggestions.

Thanks
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Thanks for your suggestions. Have one more query associated with paystubs. Paystubs have a cumulative salary figure for the year. So incase I am not working for the first 3-4 months of a year and later have to provide 2 paystubs in the 6th month will it not raise questions to INS when they will see the cumulative salary figure on the paystubs?
 
cumulative salary figure may not be an issue.
But W-2(s) can give idea of salary paid for the job.

Aakash28 said:
Thanks for your suggestions. Have one more query associated with paystubs. Paystubs have a cumulative salary figure for the year. So incase I am not working for the first 3-4 months of a year and later have to provide 2 paystubs in the 6th month will it not raise questions to INS when they will see the cumulative salary figure on the paystubs?
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Aakash28 said:
Thanks for your suggestions. Have one more query associated with paystubs. Paystubs have a cumulative salary figure for the year. So incase I am not working for the first 3-4 months of a year and later have to provide 2 paystubs in the 6th month will it not raise questions to INS when they will see the cumulative salary figure on the paystubs?
Click to expand...

See... as long as you are working on H1B, then you should worry about the "cumulative salary figure" etc stuff....

once if you have EAD and working on that...nothing will happen as long as GC sponsor supports you....

'The reason why worry kills more people than work is more people worry than work' - Robert Frost, poet (1874-1963)
 
Thanks vetagaadu, Greatly aprecaite your suggestions -

I just talked to the Company's immigration lawyer - and here is what he is suggesting -

1) Since I have my EAD I can work as a permanent employee of any other Company B as long as Company A is willing to sponsor my GC - even though I will not be working for them and even though I do not have my I-140 approved yet. So as long as Company A is not going to cancel my GC processing I will be fine working full time for some other Company B even without I-140 approval.

2) Now once my I-140 gets approved I have an option to apply for AC-21 and leave Company A and transfer my GC case to Company B - which I would not need in the first place if Company A is not going to cancel anything.

So I just wanted to double check with all of the experts if this really true with my case and are there any drawbacks to this which I am unaware of.

Thanks for your help
 
Experts please suggest if what the company's lawyer is suggesting is true and are there any drawbacks to joining another company without leaving the existing Company A.

Thanks
 
Aakash28,

Please apply for some jobs on your skills thru dice/monster and get the job and be with the company A. Wait for your I-140 RFE decision. Then things will straighten out. Don't worry too much at this time about joining some other companies. Relax buddy!
 
Aakash28 said:
Experts please suggest if what the company's lawyer is suggesting is true and are there any drawbacks to joining another company without leaving the existing Company A.

Thanks
Click to expand...
As I told you, your attorney is absolutely right that what he said....

Here are definitions :

EAD : Its totally belongs to you, USCIS is giving you authorization to work for any employer in US, irrelative of what they (employer) are sponsoring like H1B, GC or Other Immigration related petitions....
so you can work for anywhere, anykind of job.....but in US.

GC : US Employer is saying to USCIS that he is willing to hire one person for his company requirements...

It means he satisfied your past experience until he filed Labor for you....after that he don't (shouldn't) care about your employment....

In case, if it is denied becaz of your present employment (at the time of GC approval), then he can argue that he will provide job once you get GC...

Important thing is, he don't need to provide employment until you get greencard.... also he don't need to hire you once afer you get GC.... but second thing, he should not do intentionally....

Now see how it works....

"A" applied GC petition for you...

you'll get I-485 Receipt (so until here you should be staying in legal in US).. from this RD it provides you to stay here, no matter you work or sitting idle....

You'll get EAD after couple of months... means US gave you permit to work something if you want... otherwise stay legally.. but you should not be having Public Charge....

With EAD you joined "B" and doing some other kind of work....

At the time of approval USCIS is asking you to submit Employment letter that shows still you have an employment required in US... so you have to get this letter from "A" *(if still they are supporting you), OR anyone of "B","C","D" etc.. but this (B,C,D) company should have same and similar kind of job (as "A" suppose to provide).... and hire you permanantly

Is it clear !!!!!

As usual here is the quote from Swamy Vivekananda...

"Whatever you think,that you will,be. If you think yourselves weak, weak you will be; if you think yourselves strong, strong you will be"

It means be confident, you'll get whatever you try to get....
 
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Check AC21

Please check the AC21 clearly,
I remember reading that after 180 days of applying 485, revoking of 140 will not effect your status, But i think the real challenge to prove that the employee will be working for the same company after getting the GC, for that you need a good lawyer.

But if the GC Sponsor is willing to continue the process, then don't worry just use the AC21 and get a full time job in the similar job title. You should be good.

You are in a far better position.

go ahead and good luck.
 
Hello pvr2pvr, thanks for your suggestion. There is one question though that "if the GC Sponsor is willing to continue the process" and he will not be revoking my approved I-140 than why do I need AC-21 to join the new Company - Can't I join the new Company wiothout AC-21?

Thanks
 
FP results not recieved

Friends,
Me and my wife went for FP in the first week of Aug/05(Code 3). When I checked the status at USCIS, I see that case status of my wife updated with FingerPrint Review Completed and the case is resumed for processing. where as my case status is still the standard message with out any reference to FP. I called USCIS to check on what's going on and lady said since they are still processing DEC-2004 cases there is still time. Did any one encounter this scenario ever before.

Any input is very much appreciated.

PK_3609
 
correct you can continue but gives the fraud impression

also keep in mind one thing that if you don't work for the sponsoring employer at all the you have a possible fraud intention down the line waiting for you, so better find a contract and route at least for 4-6 months and then invoke ac21, your pd will also play a role on what your desicion should be in terms of the time frames you have at your disposal
Aakash28 said:
Hello pvr2pvr, thanks for your suggestion. There is one question though that "if the GC Sponsor is willing to continue the process" and he will not be revoking my approved I-140 than why do I need AC-21 to join the new Company - Can't I join the new Company wiothout AC-21?

Thanks
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