I have an EAD that I have never used. Have been working on H1B, but employment will come to an end in 2 weeks. I am hoping to have I-485 approved any time, but of course, you can never know. In such a case, is it OK for me to go job-less for few months without going out-of-status? or do I need to start working on EAD asap? Secondly, while being on EAD for how long can I go without a job in an year? It's kind of a crisis for us. Please provide your thoughts. Thanks.
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URGENT: Job coming to end, Have EAD, I-485 Pending for more than 180 days
- Thread starter JustChill
- Start date
TheRealCanadian
Volunteer Moderator
In such a case, is it OK for me to go job-less for few months without going out-of-status?
Yes.
Secondly, while being on EAD for how long can I go without a job in an year?
You can be unemployed as long as you want, but when the I-485 is adjudicated you should have a job or at least a job offer.
You can treat of your GC as a future employment scenario.....
As long as you have an open Job Offer from a company with same/similar job duties to joining upong approval of 485....you should be fine.....legally....
You may get an RFE for Employment Verification Letter or NOID if your employer revokes I140.......in either case, if you can provide evidence of a future job offer...you should be fine...
Since the job offer is for a future job....that's why legally one can stay on EAD as long as one wants....
But, it's always safer to have a job and be working in the same/similar job
As long as you have an open Job Offer from a company with same/similar job duties to joining upong approval of 485....you should be fine.....legally....
You may get an RFE for Employment Verification Letter or NOID if your employer revokes I140.......in either case, if you can provide evidence of a future job offer...you should be fine...
Since the job offer is for a future job....that's why legally one can stay on EAD as long as one wants....
But, it's always safer to have a job and be working in the same/similar job
Thanks for your replies. My I-140 is approved and employer has promised that I-140 approval notice will be handed over to me. I am going to try and get a job. Unfortunately I feel being discriminated due to my pregnancy and my employer has chosen the easiest way out and decided not to find a new assignment for me fearing my unavailability in near future. But In fact I can easily work for more than 3 months before going on maternity leave. My husband works on EAD and I'm the primary applicant. We just want to be prepared if we have to face the worst case scenario and I remain job-less for few months. I am hopeful to have at least a future job-offer in hand by next week. Thanks again for your inputs.
I have a further question about the process of applying for EAD and AP. Do you need the original 140 approval notice and original 485 receipt notice? In my case, I don't have the originals, but only copies and the attorney hired by the company keeps the original. So is that a problem if you want to apply for EAD yourself later?
Thanks for your replies. My I-140 is approved and employer has promised that I-140 approval notice will be handed over to me. I am going to try and get a job. Unfortunately I feel being discriminated due to my pregnancy and my employer has chosen the easiest way out and decided not to find a new assignment for me fearing my unavailability in near future. But In fact I can easily work for more than 3 months before going on maternity leave. My husband works on EAD and I'm the primary applicant. We just want to be prepared if we have to face the worst case scenario and I remain job-less for few months. I am hopeful to have at least a future job-offer in hand by next week. Thanks again for your inputs.