Finding a job on EAD with less than 180 days

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eadwoes

Registered Users (C)
Okay, now that I have established that one can switch jobs anytime after filing the AOS application (180 days is not an issue for changing jobs, only for revoking I-140), it takes me to my next question: How do I switch jobs?

I have an EAD card, my I-485 receipt date is May 9th 2003 and I am laid off. If I were to find a new employer, do I need sponsorship or can I just work on an EAD? BTW, my present employer still had me working on the H1. They had not changed my status to EAD.

Anybody who has switched jobs on EAD willing to comment?
Thanks.
 
Sorry to hear about your lay-off.

As far as possible be on H-1B because once you use EAD, if your case is denied you will go out of status. But if you are not able to find any employers who can sponsor H-1B, I would say use EAD.
 
eadwoes:

Where did you learn this that you can switch jobs any time after AOS filing. My understanding is I-140 has to be approved and I-485 should be pending for more than 180 days.
 
Thanks frantic. Karns, please search the AC21 forums for a thread on this. There is also a word document attached in one of the posts which contains the transcript of a chat with Shusterman attorneys. I have the document on my laptop so if you can't find it let me know your email id.

Short of it is that even if you change jobs a month after filing your I-485 application, if the previous employer does not revoke your I-140 for 180 days (and your I-485 takes longer than 180 days to approve -- which normally it does) then you are good. Oh and the job profile in both jobs should be the same too.

When you think about it, the 180 days' "myth" is probably propagated by like minded employers and attorneys for their own benefits. Because a lot of people have received their GC after/in spite of switching jobs before 180 days. So there is no precedence of BCIS denying GC based on job switching.
 
Thanks eadwoes.

But the concern is about RFE. Even if your previous company does not revoke the petition, who handles any RFE on the same?
 
BCIS has recently issued a meorandum regarding the AC 21 guidelines. I think in that they clearly specified that if you change the job within 180 days and the 140 is revoked, the case will be denied. There might be ways to appeal but why take that risk.
 
Right, RFE is a concern. But if the situation arises, I guess my lawyer should be able to handle it. And if I decide to go that route, I will either have to retain the company lawyer or get one of my own for issues like these.

As for the memorandum (to answer frantic), it is in line with my understading which I have explained above.
 
eadwoes:

I have noticed many people have misinterpreted the memo. Here is an excerpt from Muthy Chat:

Chat User : Does the memo on the latest I-485 portability also imply that if I-140 and I-485 are applied concurrently and I-140 is pending, and more than 180 days lapse after I-485 filing, can one use the portability and change jobs without risking revocation? Thanks.

Attorney Murthy : One risks losing the GC since the I-140 petition has to be approved. Otherwise, portability does not vest. The employer may anytime withdraw or request a revocation of a filed I-140 before it is approved, thereby jeopardizing any hope of the AOS applicant enjoying portability. Merely by the fact that the I-485 has been pending for over 180 days the adjustment applicant is not protected.
 
Thats right -- no contradiction

No mis-interpretation at all. I have seen this before and it does not contradict what I said. Which is that your I-140 should not be revoked for 180 days by your employer.

Job change has nothing to do with 180 days. Not to say that everyone can switch jobs within 180 days but if the situation demands, I do not think it will hurt.
 
eadwoes - in a perfect world, one could change a job after AOS is applied for and as long as you have assurance from your employer that the I-140 would not be revoked.

However, there are two problems :
1) BCIS is incompetent - I have seen examples (in this board) of them screwing up perfectly legit cases (AC21 or otherwise).
2) A very well meaning, sweet and kind but slightly slow legal assistant could mail a I-140 revocation along with a H1B revocation. go to #1

In case of a layoff, try to get the assurance in writing, then say a prayer and jump in. At least make sure you write to inform the previous company lawyer that you forbid a I-140 revocation. S/He cannot ethically do so since you are also a client (along with your GC sponsor) and a revocation would be against your interest.

There are some folks talking about a I-140 swap as a hedge against revocation. Not sure how that works but it may be worth looking into.
 
Originally posted by eadwoes
Okay, now that I have established that one can switch jobs anytime after filing the AOS application (180 days is not an issue for changing jobs, only for revoking I-140), it takes me to my next question: How do I switch jobs?

I have an EAD card, my I-485 receipt date is May 9th 2003 and I am laid off. If I were to find a new employer, do I need sponsorship or can I just work on an EAD? BTW, my present employer still had me working on the H1. They had not changed my status to EAD.

Anybody who has switched jobs on EAD willing to comment?
Thanks.
Click to expand...

First you have to find a job :D You can start working on your EAD but always try to keep your H1 status as a fall-back option. As far as I understand as long as you can find a new employment quickly enough all the new employer has to do is file for H1B transfer (you maybe able to do it yourself if new employer does not "sponsor").
 
If you have good terms with employer then one more Important thing is getting the layoff letter as temporary layoff. Or may be a letter stating that the position exist in future. If you have confidence that company will not revoke your I-140 then It is OK. If I-140 is not approved Problems with RFE. If RFE related to you then it may not be problem. But if it about company related there might be a problem.

In fact my situation is same. Only thing my I-140 got approved recently after 13 months of wait. I was laid off within a month after applying I-485. Company was not co-operative. They revoked H1. About I-140 still i do not know. I guess they did not revoke it Last month it got approved.
 
Thanks

Thank you waytoolong and tammy. I will keep these things in mind. I have good relations with the HR person but he is prone to doing things the regular way and does not make exceptions.

The other thing is that I may find a new assignment through the same company soon. And since they promised a re-hire, the situation is confusing now. They gave me 2 weeks' notice and technically I am not terminated yet. And I have fortunately found a project within that time but the HR person is still insisting on that same terminate and re-hire routine. I am still trying to talk him out of it, but if he does not relent, is this going to have any adverse impact on my GC process?

In short, I was terminated on the first day on bench with a two weeks' notice. Now that I have found an assignment, I will be re-hired within the notice period. I realize that my pay-stubs will all check out for continuity, but will the terminate and re-hire before 180 days have any affect on my GC?

Thanks.
 
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