Have two jobs to work, have an EAD. Primary and Secondary(Help needed on AC 21)

S

saineedshelp

Registered Users (C)
Hello Experts,
I recently received an EAD(EB3), and 140 is yet to be approved(RD 07/29/2004).
The client I am working for has offered a full time job and they do not mind if I work for them and as well as my current employer(GC sponsor) at the same time.
My current employer(GC sponsor) will have work for me until the end of this year(2005) going to pay me till then.
I think by the end of 3 qtr this year I should see my I 140 approved.
Can I use my EAD and work for my client as well as my GC employer?
My final goal is to take the job with my client. If my I 140 is approved by now I would have quit my job at the GC sponsor and moved on.
Please help me in this situation. I do want to apply for AC21 but I am not sure if that is needed as I am still going to work for the GC employer.
I am in a state of confusion.
Sai
 
saineedshelp said:
Hello Experts,
I recently received an EAD(EB3), and 140 is yet to be approved(RD 07/29/2004).
The client I am working for has offered a full time job and they do not mind if I work for them and as well as my current employer(GC sponsor) at the same time.
My current employer(GC sponsor) will have work for me until the end of this year(2005) going to pay me till then.
I think by the end of 3 qtr this year I should see my I 140 approved.
Can I use my EAD and work for my client as well as my GC employer?
My final goal is to take the job with my client. If my I 140 is approved by now I would have quit my job at the GC sponsor and moved on.
Please help me in this situation. I do want to apply for AC21 but I am not sure if that is needed as I am still going to work for the GC employer.
I am in a state of confusion.
Sai
Click to expand...

I don't think you can use AC21 as your PD is not current (I am assuming that its not), which means that you cannot file 485. If your PD is current, than you have options. You need to file 485 quickly, so that before the end of this year you would have passed the 180 day marker (and hopefully your 140 is approved by that time).
 
saineedshelp said:
Hello Experts,
I recently received an EAD(EB3), and 140 is yet to be approved(RD 07/29/2004).
The client I am working for has offered a full time job and they do not mind if I work for them and as well as my current employer(GC sponsor) at the same time.
My current employer(GC sponsor) will have work for me until the end of this year(2005) going to pay me till then.
I think by the end of 3 qtr this year I should see my I 140 approved.
Can I use my EAD and work for my client as well as my GC employer?
My final goal is to take the job with my client. If my I 140 is approved by now I would have quit my job at the GC sponsor and moved on.
Please help me in this situation. I do want to apply for AC21 but I am not sure if that is needed as I am still going to work for the GC employer.
I am in a state of confusion.
Sai
Click to expand...

I am confused as how you can work at the client site where the client is also paying you and your employer(GC Sponsor) will also pay you. We would definitely need to know such clients, where we can also try for jobs.. Just kidding!!! :p :p :p :) :) :)
 
saineedshelp said:
Hello Experts,
I recently received an EAD(EB3), and 140 is yet to be approved(RD 07/29/2004).
The client I am working for has offered a full time job and they do not mind if I work for them and as well as my current employer(GC sponsor) at the same time.
My current employer(GC sponsor) will have work for me until the end of this year(2005) going to pay me till then.
I think by the end of 3 qtr this year I should see my I 140 approved.
Can I use my EAD and work for my client as well as my GC employer?
My final goal is to take the job with my client. If my I 140 is approved by now I would have quit my job at the GC sponsor and moved on.
Please help me in this situation. I do want to apply for AC21 but I am not sure if that is needed as I am still going to work for the GC employer.
I am in a state of confusion.
Sai
Click to expand...

I do not think u can use AC21 now since your I-140 is not approved yet. I am undert the impression that Only 180 days after I-140 is approved, but I-485 is pending, you might be qualified to apply AC21.

If currently you hold H1B, then using EAD to work for another company will void your H1B status. But if you purely work on EAD, you can work for other company but your status is "adjustment applicant", In case your I-140 is denied, you are out of status.

I am not a lawyer so just for your reference.
 
My i 485 was applied last year in the month of september. I received my EAD last month. My i 140 was applied in july 2004. It has already been 180 since the two applications were filed. I guess I would say I am lucky to have two jobs paying me.
My client will hire me without a problem. And I am going to work for my GC sponsor at the same time. How can I make this happen. AS I still will work for my gc employer and My h1 is valid until 2007 July.
How will somebody change my status as I still work for my gc employer.
 
saineedshelp said:
My i 485 was applied last year in the month of september. I received my EAD last month. My i 140 was applied in july 2004. It has already been 180 since the two applications were filed. I guess I would say I am lucky to have two jobs paying me.
My client will hire me without a problem. And I am going to work for my GC sponsor at the same time. How can I make this happen. AS I still will work for my gc employer and My h1 is valid until 2007 July.
How will somebody change my status as I still work for my gc employer.
Click to expand...

Oops, you have EAD, meaning you already filed for 485 :)

Sure, you can use EAD to work for another employer. Logically, if you start working for ANOTHER employer BESIDES your original H1 sponsoring employer, than your H1 will lapse (as per popular opinion, as long as your keep working for your H1 sponsoring employer ONLY with EAD, you can still file for H1 extensions). Thats my take on that.
 
saineedshelp said:
Hello Experts,
I recently received an EAD(EB3), and 140 is yet to be approved(RD 07/29/2004).
The client I am working for has offered a full time job and they do not mind if I work for them and as well as my current employer(GC sponsor) at the same time.
My current employer(GC sponsor) will have work for me until the end of this year(2005) going to pay me till then.
I think by the end of 3 qtr this year I should see my I 140 approved.
Can I use my EAD and work for my client as well as my GC employer?
My final goal is to take the job with my client. If my I 140 is approved by now I would have quit my job at the GC sponsor and moved on.
Please help me in this situation. I do want to apply for AC21 but I am not sure if that is needed as I am still going to work for the GC employer.
I am in a state of confusion.
Sai
Click to expand...

So answering your original question, you can invoke AC21 if your 140 is approved by the end of 05 (if you are leaving at that time), as per the AC21 law.
 
saineedshelp said:
Based on the above clarifications if I work for both employers at the same time I loose my H1 status!!!
Click to expand...

As per my understanding, if you:

1. Use AP to enter US.
2. Use EAD to work for your original H1 sponsoring employer.
3. Use AP to enter US and use EAD to work for your original sponsoring employer.

If you do either of these 3, you are still considered in H1 status (due to its dual intent character).

Now, as per my understanding (you might disagree with that), if you use EAD to work for :

4. A new employer and quit your H1 sponsoring employer.
5. A new employer BESIDES your original H1 sponsoring employer.

If you do either of those 2, you cease to be in H1 status. This is due to the fact that you are using EAD for a priviledge based solely on 485 filing. That priviledge is not granted due to H1 status. Basically you are going outside the scope of H1 priviledge unlike the 2nd and 3rd situation above.

This is my understanding of this. I cannot give you a definative answer. I doubt anybody can. As always, talk to your lawyer and go by legal opinion.
 
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