Question on Loss of job while on 485/EAD ! URGENT !

W

waitforgc123

Registered Users (C)
Hello Gurus,

I had a few Questions : Now that all of us can apply for I-485 and EAD - This may be relevant for a lot of us. ( Husband is the primary and the spouse is dependent on the I-485)

1) When do we get the first EAD ( after applying for 485 in July,07 ) ? Can I go to Nebraska after 180 days and get it ? Or do I need for it to get posted. I am assuming that it will take a LONG time given the massive inflow ...

2) Can the spouse/dependent work as soon as the 485 is pending for 180 days - Or do they need to wait for the actual EAD card to arrive ?

3) Now to the important question - If the husband/primary is laid off/fired while on i-485/EAD how long does he have to find another job to avoid loss of EAD status ( this in the case where the husbands H1 is not valid anymore)

4) If the husband has a valid H1 for 3 years and also the EAD - in that case if the Husband is fired how long does he have to get a new job - before his H1 or the EAD is in-validated.

5) If the Spouse/Dependent is fired/laid off how much time does the spouse have to find a new job to be eligible on the EAD - I am assuming that there is no limit in this case.

6) Finally - Between an EB2 with April 2006 and Eb3 June 2004 which is better to pursue the i-485 with?

I would highly appreciate your answers and support. Kindly help with your valuable advice. I shall share my inputs as soon as I get some information on the same from other sources.

Thanking you all !

Sincere regards,
Waitfor GC 123
 
Let me try to answser it as much as I could

waitforgc123 said:
Hello Gurus,

I had a few Questions : Now that all of us can apply for I-485 and EAD - This may be relevant for a lot of us. ( Husband is the primary and the spouse is dependent on the I-485)

1) When do we get the first EAD ( after applying for 485 in July,07 ) ? Can I go to Nebraska after 180 days and get it ? Or do I need for it to get posted. I am assuming that it will take a LONG time given the massive inflow ...
The processing time for EAD at NSC is March 07, so you should get it by around 60-90 days. But if you did't get the EAD after 90 days, you can get in line in the local CIS office to get it yourself.

2) Can the spouse/dependent work as soon as the 485 is pending for 180 days - Or do they need to wait for the actual EAD card to arrive ?
As soon as she/he received the actual EAD on hand.

3) Now to the important question - If the husband/primary is laid off/fired while on i-485/EAD how long does he have to find another job to avoid loss of EAD status ( this in the case where the husbands H1 is not valid anymore)
As long as I140 is approved and he holds an EAD, he can get another job. (or be safe, after I485 filed 180days, he can execrise the AC21 right to get another job)

4) If the husband has a valid H1 for 3 years and also the EAD - in that case if the Husband is fired how long does he have to get a new job - before his H1 or the EAD is in-validated.
Don't know about the H1, but I heard is 90 days to get another job.. not sure. The EAD, see above.

5) If the Spouse/Dependent is fired/laid off how much time does the spouse have to find a new job to be eligible on the EAD - I am assuming that there is no limit in this case.
YES. She/he, actual, a free person.

6) Finally - Between an EB2 with April 2006 and Eb3 June 2004 which is better to pursue the i-485 with?
What is your country of origin? But it is always to use an earlier PD is better, in my opinion.

I would highly appreciate your answers and support. Kindly help with your valuable advice. I shall share my inputs as soon as I get some information on the same from other sources.

Thanking you all !

Sincere regards,
Waitfor GC 123
Click to expand...
 
Thanks a lot Belacut for your quick response.


On the question 1 - I was told that you cannot go the local CIS office anymore for the EAD.

On Question 6 - I am from the Indian Origin - Do you still think it would be better to follow the Eb3 ? I was thinking that may be the Eb2 will move faster - hence dont you think Eb2 may be better given the dates ?

Please advice ...

Sincere regards,
waitforgc123
 
Before you start working, besides the EAD you NEED a Social Security Number. Got to the local SS office with the original EAD card, fill out the form (its on their webpage), and wait for 2-3 hr. Ideally the USCIS computers will reflect that you have a valid EAD. In our case, the USCIS had not uploaded the information into the SS computers (even after 30 days), so we have to wait for a few weeks for the SSN.
The SS clerk was very helpful. She indicated, that you cannot get paid if you do not have a valid social security card.

Just another hoop to jump through.

MIMC
PD June 23, 2003
EB2 LC AD 8/30/2006
I140/I1485 ND 3/19/2007
I140 AP April 2007
 
I have a related question. I am in the process of applying for green card through marriage. If I lose my job during the process (before my green card is finally approved), am I allowed to stay in the country on a pending application? Or do I need to an EAD for that?
 
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