Need advice - changing Job

A

Andy_NJ

Registered Users (C)
Gurus:
Need help !

I am planning to switch job. My first EAD is expiring at the end of this month and the renewal was filed only few days back and I have recd the recipt notice. Now the question is can I join the new company with the expired EAD and pending renewal?

I checked with my lawyer, he says it is OK to join the new company as "we have already filed the renewal before the EAD has expired".

Anybody - faced a similar situtation? I would really appreciate if you could share your experience.

Cheers!
 
NO - You can't

EAD renewal gets start date as the date when EAD will be approved and processed so If your new EAD comes after expriry of the first EAD then you will be working illegally between the two EADs which is a vary serious thing.
Looks your attorney have not read it.
 
leave only if 180 dyas days have passed ... file AC 21 with INS .... keep a good relatioship with ur previious employer .... if ur employer does not mind u moving away .. then u van skip AC21 but if not then u should file it ... changing job will cause an RFE for sure...
 
Thanks for the replies.

1. How does filing AC 21 help me? My basic question on this is - if I have a good or bad relation with my existing employer how does it affect my EAD or for that matter 485, my 140 is approved and 485 filing is more than one year old.

2. Even if I continue with my existing employer and there is a gap between the 1st EAD and the 2nd one - will there be any issue?

3. Did anyone lately get his / her second EAD approval - how long did it take?

In the meantime I am planning to go for my 7th year H1 extension - my 6 years of H1 also gets over by this month.

Waiting for your feedback...

Cheers!!!
 
If you have a bad relationship with ur employer the worst thing that can happen is that ur employer can ask INS to revoke I-140 they had filed for u. they can do this any time they want. If u dont have AC 21 on file with INS, INS will issue a notice to intent to deny your 485. It will complicate things. In my case I had a very good relation ship with my previous employer... I got a RFE to submit a letter from the original employer who filed 140 for me. I am going to notify INS now that I have changed my employer and will get a letter from my previous employer as well. They would have not asked me for this letter if I had filed AC 21.Instead they would have asked me a letter from my current employer and paystubs. So if u think that u will have difficulty in getting any thing from ur old employer once u leave them u should file AC21

AC21 is a simple letter and some detail about why and where u are working submitted by ur lawyer or rep.

Use AC21 wisely after 180 day time frame as mentioned in AC21

Gap in EAD does not matter as long you do not work during that GAP. get a temporary EAD from ur local office... to aavoid comlications and if u can not stop working for that time frame... u never know what INS might ask for when ur 485 is about to be approved.
 
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Thanks Archer for sharing. I guess I will go for a H1 transfer that way the EAD issue won't come up. I have just applied for a 7th year H1 extension, based on that I will ask the new co. to transfer the H1 - I hope it works.
Cheers!
 
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