Using EAD Question

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wonderfulboy

Registered Users (C)
Hi Friends,

I have to make a major decision using my EAD for joining a job opportunity. I need the feedback from you all.

I filed my Green Card with an employer with whom i am currently working. I filed my 485 in December 2002 got EAD and I-140 approved in February 2003. While applying 485 i used to work with Company A.

But in May 2003 i got layed off from Company A and joined Company B on June 1st 2003 without any gaps in between. My H1 transfer process with Company B is still in the middle of the process and now i got a better offer in Company C. They are ready to accept H1 Transfer also but since transfer is in middle i am advised by Rajiv S. Khanna not to file H1 transfer with Company C by using Receipt Notice of Company B and start working.

Now i have only the option of using my EAD card. But the question can i work for Company C (not same as sponsoring employer) by using EAD or i have to work only for Sponsoring employer only.

What is you all suggestion about using EAD with other than sponsoring employer? Will involve any risk or the officer tomorrow going to handle my case can raise an RFE or reject my Green Card Process.

Thanking You,
WonderfulBoy
 
You may have problem if company 'A' informs BCIS regarding your lay off ...

They may revoke I-140 by considering that you know longer work for company 'A' which in turn denies I-485 ..

so talk to good lawyer before taking any step now..

See the posts by 'LongGC' .. same thing happend in his case ...


Hope this info helps..
 
You can use EAD to work for any company , sponsoring or not , as long as the EAD is valid.

You may take help of AC21 - in case the new job is similar position and salary for your green card. In that case - you would get the GC even if you are not with your sponsoring company as long as BCIS will take more than 180 days to adjudicate your case( and no doubt they will do that).

I think I have seen in recent Murthy articles that even if the underlying I-140 is withdrawn( not many company's do that) - your case may be approved if it is pending more than 180 days.

Overall - I do not foresee any problem with your application. Lot of people do change from their sponsoring company under this economy. I almost never say this about any member - but past few posts of Anamika has been quite pessimistic.
 
Abhi,
I am sorry .. I am not pessimistic.. I am just telling becareful and
also I have given example of the guy who faced same problem..

I am always telling consult good lawyer before taking any action in my post ..
I am telling this based on some people experiences .. Its upto you whether you guys want consider it or not.. I know the pain if something happens negative so I don't want others to go thru that ..

Wonderful,
You can use Ac21 after 180 days passed with I485 and its better to inform INS before company 'A' informs about your layoff to BCIS so that they BCIS will know that your are still employed and used AC21 ..

Again this is my advise if you want to consider it otherwise ignore my postings..

Thanks
 
You people didn't exactly understand my case.

I filed my GC with Company X in May 2001 when i worked with them. But i left that company in July 2001 after the contract is over. Got Labor Approved in November 2002 though i am not working with them. They supported for 485 filing. I filed my 485 in December 2002, got I-140 and EAD and FP approved in February 2003. Company X is my sponsoring employer for future Green Card.


After i quit Company X in July 2001. I joined Company A and when i am working with them i filed my 485 (for GC with Company X). And in May 2002 i got layed off from Company A. Company A definitely might have notified about my Lay off to INS.


Immediately without any gaps i joined Company B with whom i am working now. My H1 transfer from Company A - Company B is pending with receipt notice. 2 months completed after filing H1 transfer. Waiting for Approval.

Then now the issue i got a better opportunity with Company C. I need to transfer my H1 transfer from Company B = Company C with pending notice of Company B. Which Rajeev said there is a slim chance of getting approval but i will be issued with H1 without I-94 so that i have to work only after getting stamping done in India. Sponsoring Employer (Company X) still waiting for my GC to be approved. Its still Continuing.


Now the issue is since Rajeev Khanna said getting h1 transfer is remote can i use my EAD i got for Company X( Sponsoring Employer) or need to use only if i have to work with Sponsoring Employer i.e. Company X. What kind of risks are involved in it.

Wonderfulboy
 
Anamica - did not mean to hurt your feelings - no hard feelings.

Wonderfulboy - thanks for the detailed posting. I still think EAD issued with the sponsoring company x is good enough to work for any other company. I do understand that you are not working for company x with the EAD. Just make sure that you do renew your EAD in time.

Let us see if there are other opinions on this one.
 
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