is EAD required for AC21

[delhi_fornia]

AC21 Gurus,

Is it required to have EAD to invoke AC21. I have filed for EAD renewal. Will it be possible to change jobs using AC21 485 Portability without having a valid EAD.

Thanks

 

[TheRealCanadian]

Will it be possible to change jobs using AC21 485 Portability without having a valid EAD.

Sure, provided you can obtain employment authorization via some other means, like an L-1 or H-1/H-2.

 

[hope_2005]

Hi Real Canadian,

I have a basic Question about EAD/AP as well.

I guess if you have a 485 pending (>180 days and 140 approved) and you have a valid EAD/AP, then if you are laid off you will not go out of status and you can find another job based on the EAD/AP .

How is this different from AC21? Because even in the case above, the case will continue to get processed right?
Does AC21 only mean that you can work for another employer while your GC is being processed?

I also heard that even to renew your EAD/AP, you dont have to be employed, is that true?

Thanks.

 

[TheRealCanadian]

I guess if you have a 485 pending (>180 days and 140 approved) and you have a valid EAD/AP, then if you are laid off you will not go out of status and you can find another job based on the EAD/AP.

First, your I-485 keeps you in status if laid off. The EAD and AP have nothing to do with it. You can find another job and be petitioned for a new H-1 or L-1, but the EAD makes it much easier.

How is this different from AC21? Because even in the case above, the case will continue to get processed right?

It's not different at all.

I also heard that even to renew your EAD/AP, you dont have to be employed, is that true?

Of course.