I-140 Pending - Work Permit - Different Emploter.
- Thread starter krim140
- Start date
will_get_there
Registered Users (C)
If he uses EAD to work for other company, the sponsor company might pull the plug on his 140 and with that his EAD will also be revoked. He will have no option but to leave the country.
Also if he is working on H1, using EAD to work somewhere else parttime ot full time will invalidate the H1 and he will be at a risk in case if GC is denied for any reason.
Better stay put till atleast 140 is clear.
Also if he is working on H1, using EAD to work somewhere else parttime ot full time will invalidate the H1 and he will be at a risk in case if GC is denied for any reason.
Better stay put till atleast 140 is clear.
blackbird2000
Registered Users (C)
I'm not a gurus, but let me try to answer this question. 
The problems to work on EAD before 140 approval and/or change jobs:
1. If sponsor company revoke 140, done.
2. If 140 is denied, EAD is invalid, and you are out of status immediately. It is the reason why working on H1 is better.
3. If USCIS issue a RFE for 140, and you are no longer with the sponsor company, how to respond this RFE?
Even after 140 approval, change jobs must follow the AC21 rules:
1. similar jobs
2. 485 > 180 days
3. working on H1 is still better than EAD here.
The problems to work on EAD before 140 approval and/or change jobs:
1. If sponsor company revoke 140, done.
2. If 140 is denied, EAD is invalid, and you are out of status immediately. It is the reason why working on H1 is better.
3. If USCIS issue a RFE for 140, and you are no longer with the sponsor company, how to respond this RFE?
Even after 140 approval, change jobs must follow the AC21 rules:
1. similar jobs
2. 485 > 180 days
3. working on H1 is still better than EAD here.
will_get_there
Registered Users (C)
Should be ok...
If the sponsor company does not revoke the 140 and replies to all the RFEs that are generated than there should not be any problem since the GC is for future job and once a person is in AOS stage he/she can use EAD to work for any employer they want.
The requirement would be that the sponsor company should show the intent to hire the person once he/she gets the GC. This intent can be in form of a letter showing the salary that person will be paid is same as that mentioned in the labor. The intent is extremely necessary if the case goes to interview and may be required if an EVAL RFE is generated in 485 stage.
In a nutshell... such a step is fraught with risks make your own judgement.
If the sponsor company does not revoke the 140 and replies to all the RFEs that are generated than there should not be any problem since the GC is for future job and once a person is in AOS stage he/she can use EAD to work for any employer they want.
The requirement would be that the sponsor company should show the intent to hire the person once he/she gets the GC. This intent can be in form of a letter showing the salary that person will be paid is same as that mentioned in the labor. The intent is extremely necessary if the case goes to interview and may be required if an EVAL RFE is generated in 485 stage.
In a nutshell... such a step is fraught with risks make your own judgement.