Status During 485 Process

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wonderfulboy

Registered Users (C)
Hi Friends,

I need a clarification regarding 485 processing.

After applying for Concurrent Filing of I-140/485/EAD

1) if any one get layed off from the job (Working on H1 Visa), can they legally work in Non-IT job by using their EAD??

2) What if they don't work any where for 4-5 months, in between there are no paystubs right and then they get job in similar platform or slightly different software platform does it lead to RFE or denial of 485 or problems during final interview??

3) Will INS in most of the cases ask latest paystubs in middle of the process though the applicant already enclosed 3 latest paystubs during the time of filing 485 application

4) Is it mandatory that we need to notify if we change the employer from the sponsoring employer after 180 days of filing to INS immediately??? What if we notify INS about change of job just before called for interview or if not notify at all???

5) If suppose the employee is not working at the sponsoring employer even during the filing of I-140/485/EAD (worked before during filing labour only but sponsoring employer is interested and continuing the process) can the employee work at different employer other than sponsoring employer after EAD is issued or is it mandatory that the employee should work for sponsoring employer only after EAD is issued???

I need clarification for the above mentioned questions.
 
1) if any one get layed off from the job (Working on H1 Visa), can they legally work in Non-IT job by using their EAD??
<font color=red>YES</font>
2) What if they don't work any where for 4-5 months, in between there are no paystubs right and then they get job in similar platform or slightly different software platform does it lead to RFE or denial of 485 or problems during final interview?? <font color=red>NO</font>

3) Will INS in most of the cases ask latest paystubs in middle of the process though the applicant already enclosed 3 latest paystubs during the time of filing 485 application : I think it is fifty -fifty

4) Is it mandatory that we need to notify if we change the employer from the sponsoring employer after 180 days of filing to INS immediately??? What if we notify INS about change of job just before called for interview or if not notify at all??? : Different Lawyer have different opinion...There are no written rule that you have to inform

5) If suppose the employee is not working at the sponsoring employer even during the filing of I-140/485/EAD (worked before during filing labour only but sponsoring employer is interested and continuing the process) can the employee work at different employer other than sponsoring employer after EAD is issued or is it mandatory that the employee should work for sponsoring employer only after EAD is issued???: As long as your case is not adjudicated under 180 days since your 140 is approved , you are OK

I need clarification for the above mentioned questions
 
That means after filing 485/EAD/I-140 any time if we get laid off we can work on EAD in Non-IT job??? Are you Sure in that case why people are so concerned when they get laidoff during the middle of the process? They can find some job right.

Correct me if i am not wrong.
 
As far as I understand you can work anywhere u want with the EAD BUT...

Even though it does appears that INS has no reliable method of checking who you are working for, most people don't work "just anywhere" as INS can ask for w2's in RFE.

The key is to show that you are not a burden on the society, as long as they see a steady stream of money coming they should be ok.

Small gaps in between should not matter much if you can send 3/6months paystubs(yes latest) to INS with salary > LC

AC21 reporting is not mandatory and as you said no every lawyer thinks it should be done, esp in case it may cause a problem eg. before 180 day change.

For number 5 you should be OK, as long as you can respond to the RFE if any, yes ofcourse there is a certain degree of risk.

So choose your best option and go with it
 
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