getting laid off during AOS before 180 days of applying.
- Thread starter Nitin Pinnanath
- Start date
is EAD reqd to change job after 180 days of I485 filing ?
does anybody know if EAD is required in order to change job after 180 days of filing I485 - AOS.
My situation is that I am about to start AOS but my company\'s lawyer is not filing for EAD since i still have 2 yrs left on H1. So I want to find out if I need to have EAD in case of a future layoff situation in my company (which is not very unlikely given the current economy situation).
Thnx./SD_2001
does anybody know if EAD is required in order to change job after 180 days of filing I485 - AOS.
My situation is that I am about to start AOS but my company\'s lawyer is not filing for EAD since i still have 2 yrs left on H1. So I want to find out if I need to have EAD in case of a future layoff situation in my company (which is not very unlikely given the current economy situation).
Thnx./SD_2001
Hopefulstill
Registered Users (C)
Hang in there: there are 1000 of people like you
dont worry: just wait for the EAD. once you get EAD dont ask any attorney: just use it: it is very hard to track for INS the 180 days: already they are busy in catching hardcore criminals. This is not a legal advice but most people do it!!! and INS knows too!!
good luck:
dont worry: just wait for the EAD. once you get EAD dont ask any attorney: just use it: it is very hard to track for INS the 180 days: already they are busy in catching hardcore criminals. This is not a legal advice but most people do it!!! and INS knows too!!
good luck:
One more doubt in reg to this rule. Pls. advise gurus
If i get laid off 6 months after filing for AOS and am joining another job with the EAD in another state. Is it required to file for labor certification once again for that state or am i free to join that job. Pls advise
thanks,
Barani
If i get laid off 6 months after filing for AOS and am joining another job with the EAD in another state. Is it required to file for labor certification once again for that state or am i free to join that job. Pls advise
thanks,
Barani
Hopefulstill
Registered Users (C)
Of course you need EAD: Howelse you can work for the new employer?
Apply for the EAD. You dont need your employer or company lawyer signature. Use a copy of your 485 Receipt. You can get all the materials in the web. The only thing is the Signature card which we cannot get it on the web. You can skip it or sign in a blank sheet instead of the signature card. If you apply today and your center is VSC then it takes 35 to 50 days. Good luck!!! Need further information, give me your email address
Apply for the EAD. You dont need your employer or company lawyer signature. Use a copy of your 485 Receipt. You can get all the materials in the web. The only thing is the Signature card which we cannot get it on the web. You can skip it or sign in a blank sheet instead of the signature card. If you apply today and your center is VSC then it takes 35 to 50 days. Good luck!!! Need further information, give me your email address
change of address after 485 filing
thanks to all for responding.
I have another question - does anybody know if change of address matters after 485 is filed. especially in case of changing employers after (or maybe before) 180 days.
Hopeful.. - my email id is below. i\'ll appreciate if u can give some info on filing EAD myself. thanks again.
sd_2001 (sd_kota@hotmail.com)
thanks to all for responding.
I have another question - does anybody know if change of address matters after 485 is filed. especially in case of changing employers after (or maybe before) 180 days.
Hopeful.. - my email id is below. i\'ll appreciate if u can give some info on filing EAD myself. thanks again.
sd_2001 (sd_kota@hotmail.com)
Timepass1173
New Member
USE of EAD
Once EAD is issued you can work for any employer and anywhere in the US. But make sure to join a \'same or similar\' job and get the new employer to give you a future job offer which is same or similar in language as per DOT guidelines (and the description and classification) of your LC. This is my opinion. You should take legal advise though.
Once EAD is issued you can work for any employer and anywhere in the US. But make sure to join a \'same or similar\' job and get the new employer to give you a future job offer which is same or similar in language as per DOT guidelines (and the description and classification) of your LC. This is my opinion. You should take legal advise though.
how do I do if I am layoff after 180 days I submitted my I-485?
Hi,
Please give me some suggestions if I am layoff after 180 days I submitted my I-485, and I have EAD.
I heard after 180 days, I can find a new job. Is it true? any offical documents?
please send your suggestion to wpzhou36@hotmail.com. Thank you so much!
Hi,
Please give me some suggestions if I am layoff after 180 days I submitted my I-485, and I have EAD.
I heard after 180 days, I can find a new job. Is it true? any offical documents?
please send your suggestion to wpzhou36@hotmail.com. Thank you so much!
Prakash Dandapani
Registered Users (C)
EAD helps when you h1 expires
EAD comes handy when your current H1 expires. If you are continuing with the current employer you don\'t really have to get EAD as long as you are on a valid H1. The law requires you to continue with the employer for a reasonable period. Though this period is 180 days from the filing of AOS it is not well defined.
Since it is not well defined its left to INS interpretation. Generally people (including attorneys) assume its ok to switch employers after 180 days.
Praks
EAD comes handy when your current H1 expires. If you are continuing with the current employer you don\'t really have to get EAD as long as you are on a valid H1. The law requires you to continue with the employer for a reasonable period. Though this period is 180 days from the filing of AOS it is not well defined.
Since it is not well defined its left to INS interpretation. Generally people (including attorneys) assume its ok to switch employers after 180 days.
Praks
is pay-cut an option to keep the job just to complete the 180-day period
the I-485 was filed 2 months ago and just got a lay off notice. i am thinking of asking the company to keep me in the next 4 months with pay adjustment, e.g. 50% pay-cut, just to complete the 180-day period. does anybody know if this is valid to INS?
the I-485 was filed 2 months ago and just got a lay off notice. i am thinking of asking the company to keep me in the next 4 months with pay adjustment, e.g. 50% pay-cut, just to complete the 180-day period. does anybody know if this is valid to INS?
Laid Off within 180 of filing for 485
Hi -
I had filed for I-485 and had got the receipt date in the 1st week of Aug 2001, but got laid off recently. My employer said that they wouldn\'t revoke my I-140 or inform the INS about the layoff...
1) Could i get transferred to a new H1 visa without the INS coming to know of my GC status and terminating it ??
2) Is transferring to a new H1 going to void my existing H1 ?
3) Which is better : Complete New H1 or transfer of H1 to prevent INS from getting any suspicion ?
4) Does INS call each and every individual for an Interview before giving the EAD or the Green Card ?
Please help as i am in a desperate situation.
Hi -
I had filed for I-485 and had got the receipt date in the 1st week of Aug 2001, but got laid off recently. My employer said that they wouldn\'t revoke my I-140 or inform the INS about the layoff...
1) Could i get transferred to a new H1 visa without the INS coming to know of my GC status and terminating it ??
2) Is transferring to a new H1 going to void my existing H1 ?
3) Which is better : Complete New H1 or transfer of H1 to prevent INS from getting any suspicion ?
4) Does INS call each and every individual for an Interview before giving the EAD or the Green Card ?
Please help as i am in a desperate situation.
If my GC is under process from Company A, can I take up another position with Company B
My labor for GC is in process. I am currently on an H1B with company A. Is it legal to take up another position with company B on another H1B without having my GC processing be affected by it.
My labor for GC is in process. I am currently on an H1B with company A. Is it legal to take up another position with company B on another H1B without having my GC processing be affected by it.
From Rajiv - your host
Q. What if I get laid off after filing I-485 before the 180 days of pendency?
A. The law says that you will get your Green Card if two conditions are met. One the 485 remains unadjudicated (undecided or pending) for 180 days. And two, you get a "similar" job elsewhere. I see no requirement that you have to be employed by the petitioning employer for 180 days. But the law is not clear. INS could require that you must continue to be employed with the petitioning employer. I certainly think we have a good argument to the contrary.
Q. What if I get laid off after filing I-485 before the 180 days of pendency?
A. The law says that you will get your Green Card if two conditions are met. One the 485 remains unadjudicated (undecided or pending) for 180 days. And two, you get a "similar" job elsewhere. I see no requirement that you have to be employed by the petitioning employer for 180 days. But the law is not clear. INS could require that you must continue to be employed with the petitioning employer. I certainly think we have a good argument to the contrary.