Using EAD for Contract-W2 and 485 transfer.

L

love_immi

Registered Users (C)
All,
I am asking these questions again. Sorry for repeating.
Guys please help and answer my questions ...

I have filed GC through the NJ company ABC who holds my H1B visa (valid till Jun 2004)

I-140 approved on Sep 27, 2003
EAD/AP approved on 4/28/2003.
I-485 is pending at VSC (Receipt Date : 02/21/03, Notice Date: 4/30/2003)


I have some questions about using EAD.

1. My project with client is ending .My company ABC has started looking for new project for me.
If I get my next project anywhere is USA through this company will my pending I-485 case be transferred from Vermont Service Center to other center depending on my new residence address?

2. I am trying to stay with same comapny till I get my final GC . But due to the current condition of the job market it is difficult to
get projects since companies are not preferring third parties/agencies and there are very few consulting positions. I might have to use EAD.

3. Even if work on contract through this company as corp-to -corp I will be loosing atlesat 800 bucks a month. Since I have EAD why should I be in loss?

I am finding that It is easier to get fulltime permanent position or Consulting position on W2 .

4. Can I work on W2?

5. Can I incorporate?

6. Can I work as contract to hire positions?

7. If I take new job on EAD using AC-21 anywhere in USA ?
Will my 485 case will be transferred to different Service Center?
8. Or should I be looking for new jobs in the states which fall under VSC?

9 . Does the 485 process will get delayed if I move?

10. Should I maintain my address in NJ like my cousin's address?

I will really appreciate your answers to my questions.


Thanks!

Vij ..
 
same here....

I want to know the SAME....GOD knows....what is right for us....LAW says something else.....people say/do something else...


take care
 
Changing job with AC21 in the middle of I-485 processing is a very personal decision. There is definitely a risk, how much?? No one knows. You know all the conditions you have to meet before going for it, will it really create a problem is up to the officer who is working on your case and your luck, because AC21 is not clear. Don’t wait for others to tell you what to do, weigh all your options and make a decision. My personal opinion is, that don’t change until and unless there is an immediate danger of loosing the current job. Again this is my opinion.

WIN
 
I have some questions about using EAD.

1. My project with client is ending. My company ABC has started looking for new project for me. If I get my next project anywhere is USA through this company will my pending I-485 case be transferred from Vermont Service Center to other center depending on my new residence address?

I'm not too sure about this one. Maybe people who already moved to a different SC jurisdiction might be able to answer that better.

2. I am trying to stay with same comapny till I get my final GC . But due to the current condition of the job market it is difficult to
get projects since companies are not preferring third parties/agencies and there are very few consulting positions. I might have to use EAD.

Since it's 180 days from both the RD & ND of your 485, you can take advantage of AC21 and change jobs. There's no need to inform USCIS about it.

3. Even if work on contract through this company as corp-to -corp I will be loosing atlesat 800 bucks a month. Since I have EAD why should I be in loss? I am finding that It is easier to get fulltime permanent position or Consulting position on W2.

This is your decision.

4. Can I work on W2?

Yes, you definitely can, and you should try and work on W2.

5. Can I incorporate?

I guess so, but not very sure.

6. Can I work as contract to hire positions?

Yes. Try and avoid 1099, not very sure how CIS interprets it. But W2 should be fine.

7. If I take new job on EAD using AC-21 anywhere in USA ?
Will my 485 case will be transferred to different Service Center?

Same as Q1.

8. Or should I be looking for new jobs in the states which fall under VSC?

If you find one in the VSC area that should be good.

9 . Does the 485 process will get delayed if I move?

Not very sure, some say 'yes' and some say 'no'.

10. Should I maintain my address in NJ like my cousin's address?

Not worth it, but it's your call.
 
My 2 cents:

If you have an EAD, just work on w2, 1099 whatever. Do not incorporate.

If your old company is willing not to report to INS, then just work on the basis of your EAD with any company you like and no need to file AC21. But if your company is not willing to "co-operate" or you think will cause any problems if you work with someone else, then I would strongly suggest to stay with them
 
thanks guys .

Mavishika your information was helpful.

I think once 180 days have passed from the RD of 485 and 140 is
approved there is nothing the current employer can do.

He can not revoke 140. If he still wants do it I think it will not be
that easy . He probably has to make case of fraud.. I am not sure abt it.


From these discussions as well what is best suited for me

1. I am going to use EAD using AC-21 . AC-21 is the law for people like me so why not take advantage? It is totally legal

2. I am not going to work on 1099 or incorporate

3. I willl prefer to work on W2 or fulltime with two factors in mind
future salary is >= the salary on labor application
AND job description is similar

One more important question if I start using EAD do I lose H1 status? Since My wife is in India and she is coming back in Mid Feb. for some reason her AP application is pending for last 9 months( That is long story) She got her H4 stamped in Mumbai which is valid till Jun 2004. IF I start using EAD do I lose H1 and
my wife lose H4? She wont be able to enter.




Viz
 
You got it right.

On your other question:
One more important question if I start using EAD do I lose H1 status? Since My wife is in India and she is coming back in Mid Feb. for some reason her AP application is pending for last 9 months( That is long story) She got her H4 stamped in Mumbai which is valid till Jun 2004. IF I start using EAD do I lose H1 and
my wife lose H4? She wont be able to enter.

Technically, when you start working on an EAD you have chosen to continue as an immigrant through your 485, that is, your non-immigrant status on H1-B is invalid. However, your wife might be able to enter on her H4 because the immigration officer will not know whether you're working on an H1 or EAD. If you start working on your EAD and your wife uses her H4 to enter the US, though she may be able to get in, but if your case is investigated or opened up for review during citizenship or otherwise, it could possibly lead to some hassles. This is just my opinion, I would suggest that you contact your lawyer about this.
 
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