Have employment based ead/ap but getting married to us citizen-can i use same ap/ead

F

FLK

New Member
I have an EAD/AP through EB3 filing valid sept 2011 for the AP and 2012 for EAD. My AOS has been pending for about 5 years and a visa date that is far from becoming current. My company recently went out of business so I have 180 days to find same/similar job in my field of work. I am however getting married to a US citizen in coming weeks. Can I use the same AP/EAD to travel and work in a non related field of work. If not what do i need to do in order to switch/apply?

thks
 
Get married ASAP, file I-130 and new adjustment package concurrently ASAP. With (c)(9) EAD you will be free to take any type of job you want and not be restricted to AC21 portability eligibility based on the original employment.
 
thanks for info. I have personal travel plans over the next few months-am i going to have an issue re entering the country if i file new ead/ap based on marriage? can i just use my employment based one? in general in NYC do you know what would be the wait time for a new AP? i can wait on the EAD but i have to be able to travel.
 
BigJoe5 said:
With (c)(9) EAD you will be free to take any type of job you want and not be restricted to AC21 portability eligibility based on the original employment.
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It doesn't matter how the EAD was obtained - he can take whatever job he wants with the current EAD.
 
FLK said:
I have an EAD/AP through EB3 filing valid sept 2011 for the AP and 2012 for EAD. My AOS has been pending for about 5 years and a visa date that is far from becoming current. My company recently went out of business so I have 180 days to find same/similar job in my field of work.
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No, you don't have 180 days to find a same or similar job. You have until USCIS finds out about your lack of another job or job offer, whether that takes 1 day or more than a year.

Travel with the EB-related AP is risky; if USCIS finds out about your job situation and denies your I-485 and revokes your AP, you wouldn't be able to return unless you have another option like H1B.
 
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TheRealCanadian said:
It doesn't matter how the EAD was obtained - he can take whatever job he wants with the current EAD.
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How the EAD was obtained matters. If it was based on (c)(3)(i) -- aka F1 OPT, the job would have to be related to the field of study.

But yes, with the OP's EAD he can take any job for which they will hire him. It's just that the job would have to meet the "same or similar" criteria in order to qualify him for AC21 portability. So he could work at McDonalds or be a truck driver to pay the bills while searching for an AC21-compliant job.
 
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About that employer that went out of business........

If they had any pending I-129's or I-140's those would all get denied because the employer went out of business.

USCIS' next step would be to identify any approved I-129's and I-140's that needed to be revoked and revoke them.

Since USCIS maintains E-verify, any employer who uses it would know not to hire one of the beneficiaries whose employment visa got revoked.

The clock is ticking on the AC21 portability but the family visa adjustment's interim benefits should kick-in in time to solve the problem.

The original poster has another avenue to use in getting married and pursuing LPR status as the spouse of a USC. A much safer route to follow......
 
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