Some questions on AC21

G

greenEVAD

New Member
Hi, Dear all friends,

I filed I140/485 already and received EAD two months ago. It looks very likely that my current job is in danger early next Jan. So my questions are:

1. Can I change to another employer(similar job title) with my EAD on AC21?
2. Does the new employer have to sponsor the rest GC process?
3. Can I work on a contract job?
4. My current company sponsors the GC and they hired an attorney for me. Can I still use the same attorney after I am laid off? if not, what documents should I get from this attorney before I leave the current company?

Thanks a lot!
 
Look for interspersed opinions. Note that these are opinions based on your I485 filing, not based on simultaneous filings of I140 and I485. I'm not sure how the law reads on this new issue as I did not go through it.

Originally posted by greenEVAD
Hi, Dear all friends,

I filed I140/485 already and received EAD two months ago. It looks very likely that my current job is in danger early next Jan. So my questions are:

1. Can I change to another employer(similar job title) with my EAD on AC21?
Although there are different views on this issue due to non deciphiring by the INS, it is my opinion that if six month has passed since the application date of your I485, yes you can change. If not, you still can, but are taking a chance.

2. Does the new employer have to sponsor the rest GC process?
They need to provide you supporting documents in the event the INS decides on sending you an RFE or call you for an interview. Things like proof of employment, paystubs, nature of job etc. You need to check with your lawyer on what other documentation would be required. Plus, if they are willing to pay for expenses incurred in future - like change in lawyer representation, attendance fee, etc. that would be good, but don't count on it.

3. Can I work on a contract job?
As long as you have a parent company that is putting you on a contract, you are safe. You cannot go on an individual contracting position as that means you do not have a sponsor.

4. My current company sponsors the GC and they hired an attorney for me. Can I still use the same attorney after I am laid off? if not, what documents should I get from this attorney before I leave the current company?
If this is an extrenal lawyer, I don't think he/she should have a problem continuing on the case. If they do not agree too, find another lawyer and explain your situation. They will know what needs to be obtained from the previous lawyer. I had a similar situation and spoke to an attorney since my sponsoring company had their own legal department. Luckily, I got my GC before anything could happen.

Thanks a lot!

Hope this answers your questions.
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