Using EAD -New Job

M

march02485info

Registered Users (C)
Hi All,
One of my friend who is out of job from few weeks ,planning to join
another company using his EAD .
What are the implications how does AC21 help here what are the steps he needs to do.

485 ND:4/21/2002.

Thanks
 
First of if you're friend's current status is H1, he will invalidate that by using and EAD.

AC21 can be invoked once your I485 application has been pending for 180 days or longer, which according to your information is the case. I am also assuming that your friend has an approved I140.

What are the risks? I don't know. It seems as if BCIS (typical) hasn't issued clear guidelines on AC21. The prevailing wisdom on this forum is that as long as the job is in a similar category and pays the proferred wage indicated on the labor certificate the applicant should be ok. The one item discussed was what if the previous employer tries to revoke the I140. I am not aware of any consensus as to what would happen.

What steps does he need to do? Two schools of thoughts. One is to proactively inform BCIS that the applicant switched jobs. The second is to wait for an RFE (assuming it comes) and then invoke AC21 in the reply. Personaly, I wouldn't volunteer any information to BCIS unless it was helpful (i.e. if I got an RFE for my I485 for employment, I would probably send proof of special registration since they may ask later).

rgds,
sadiq

p.s. not legal advice. For peace of mind your friend may wish to consult a lawyer with extensive experience in this area.
 
He already used EAD in previous job and he does not have a copy of I140 approval of his former company.
Invoking AC21 -> What documents are required if an RFE was issued and no plans to inform BCIS before changing the company.

Thank you ..
 
As long as BCIS does not give clear guidlines on AC21 and I-140 revocation, using AC21 is same as "living dangeorously". This problem arises, if one is working for a consulting company and intends to change employement.

But if one is laidoff after 180 days of I-485 pending, using AC21 is nothing wrong, since the company which laidoff would give documents that he/she is laidoff.
 
I think peace_of_mind gives very good advice. BCIS, no surprise, has not issued clear guidelines on what happens to an applicant if the previous employer revokes the I140. March02, assuming your friend's new job is in similar field (that being a qualifier that would depend on the situation) he does not need to do anything. He can simply wait for BCIS to adjudicate his case or until they issue an RFE. I think a lawyer would be able to clarify properly what's the safest course at this point including if he should pre-emptively invoke AC21.

rgds,
sadiq
 
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