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

[saineedshelp]

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

 

[atlantabhopali]

Please post more details
- Your RD for 485 (same as 140?)
- You want to work 2 fulltime jobs?
- Are you on EAD or H1 with your current employer?

Can I use my EAD and work for my client as well as my GC employer?

----> You can. But if you are working for your current employer on H1, that H1 will cease to exist if you use EAD.

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.

----> if your goal is to work for your client, wait till 140 is approved and then file AC-21. You cannot (should not) file AC-21 now as ur 140 is not approved, which is a requirement for AC-21. You do not need AC-21 till you are working for your current employer, even if you have a second job which is allowed under EAD.

Your best bet is to start working on EAD with both ONLY IF you are 100% sure your employer will not get pissed off and revoke your 140 application. If the current employer revokes ur 140 before it is approved, you would be in deep trouble (out of status) and your 485 will be denied.

goodluck!

- ab

 

[saineedshelp]

I dont think he will revoke my application.
You know all these employers want you to make money for them.
He should not be revoking that,
Other than that do you think if there any other problem.
Is there a problem if I use AC21 after my 140 is approved.
AS I will be working for both of them at the same time.
per records I have worked for my client months before filing AC 21
And will have to file my AC21 in behalf of my client.
My intent is to quit my gc employer after 140 is approved

 

[atlantabhopali]

I dont think he will revoke my application. You know all these employers want you to make money for them. He should not be revoking that,
Other than that do you think if there any other problem.

---> If you are sure, then you are all set. There should not be any other problem.

Is there a problem if I use AC21 after my 140 is approved. AS I will be working for both of them at the same time. per records I have worked for my client months before filing AC 21. And will have to file my AC21 in behalf of my client.

---> Ask your client to offer your a temp job right now on 1099. Then, join them fulltime 1-2 months after your 140 is approved. That way, your pay stubs would show start date after 140 approval.

My intent is to quit my gc employer after 140 is approved

---> Never say that aloud again my friend. GC is based on "intent" (exactly that word is used in law) of the applicant to work for the sponsoring employer forever. AC-21 just allows the applicant to change the intent after 140 is approved AND 6 months have passed since 485 filing. If CIS can figure out that your intent changed before that, your GC can be considered fraudelent.