Using EAD

S

Souraj

Registered Users (C)
Hello Folks:

I have a pretty basic question..I have my 140 approved and my 485 was filed sometime early in 2004 (ofcourse not yet approved and expecting it may take another year or so since I am EB3). I have my EAD and AP approved which is valid till September this year. My wife also has her EAD and AP approved.

Is it "really" safe to jump jobs at this point and start working in EAD? On a 5000 ft level, people say there are no issues and you can go ahead.

But are there any one who has started using the EAD without the 485 approved and if yes can they share any thoughts on this?

Any potential issues my current employer can cause which can mess up the entire GC process?

Greatly appreciate a reply.
Thanks.
 
Twenty-first Century Act

the present employer cannot pull Ur plug if U invoke 'Twenty-first Century Act'

AC21 allows for approval of employment-based adjustment of status applications through an employment offer other than the one contained in the labor certification and I-140, provided certain requirements are met. Those eligibility requirements under section 106(c) of AC21 are that
(a) the I-485, Application for Adjustment of Status, must be pending (unadjudicated) for 180 days or more; and
(b) the new job must be the same as, or similar to, the job described in the labor certification and I-140 petition.
 
yes, I jumped jobs, immediately after getting I-140 cleared and before getting 485 approved. I do no think there is much risk in using EAD, as anyway the rest is more like a formality which is not tied to any employers. Moreover it is valid according to law to use AC21, hence decided to give up H1, as the cost versus benefit is not much.
 
Thanks for the reply guys. Some more follow up questions based on your replies

Is stating "the new job must be the same as, or similar to, the job described in the labor certification" mean the title of the new job only or does it also suggest that the salary should be the same?

I actually have an offer in a good company which is much senior than what I am doing now (position wise). So the salary also is much higher. Practically speaking, is this rule something which all companies know about and is it common that the companies will maintain this in the offer letter but actually give post and salary hired for? Or is it like I should tell them to give me an offer and title which is not higher than the one stated in my LC and live with it till I get GC?

What are the documents I will need to collect from my current employer before I tell him good bye? I have read that the 485 rcpt notice is needed. Anything else? What about the 140 approval notice? Apart from the email I got from USCIS stating that my 140 got approved, I in my hand dont have anything else which really shows that my 140 is indeed approved. SAme for 485 too. Nothing in my hand which says my 485 has been filed. IS it normal for the attny. to give me these recpt notices?


Thanks folks.
 
The I-485 belongs to the EMPLOYEE. They must give you copy of the receipt notices. The I-140 belongs to the EMPLOYER and this they do not have to give you a copy of.
 
You will need the receipts

Usually the attorney will mail you the receipts of I-485, I-131, I-765(if you have applied for AP and EAD). I-140 receipts are generally not sent to you as it is related to your company. Your attorney will send you the I-140 receipt if your company gives consent.

If you are planning to leave your company without informing them, I suggest, you apply to USCIS for copies of all your documents. Once you receive them, you may approach the new company.

I would also suggest that you get an an offer letter from the new company that would include your previous job requirements. I'm under the impression that portability issue has got to do more with the job description than the actual job title. As long as your job description covers the original labor requirements, you should be ok.

Please search in this forum for additional details. Also there is a separate forum dedicated exclusively for this: http://www.immigrationportal.com/fo...age=1&sort=lastpost&order=&pp=25&daysprune=-1

HTH
Good luck
 
So if I dont get any document related to 140 approval, then what is the valid documented proof that my 140 is indeed approved that I can have? As I had mentioned, the only proof I have now that my 140 is approved is the emails I got from the USCIS web site. My Attny says they have the approval notice but if I dont have it in my hand, how can I really be sure of it? This Q may sound very silly but I was just wondering! :D Is this how it is normally?

Another question .. I still have my H1 valid till June of 2006. So is it even an option to transfer my H1 and H4 visa to this new company and NOT use my EAD or AC21 at all? Will this result in any issues like my GC process for me and my spouse getting derailed? Will any complications araise in the job title salary etc?How does that work?

Thanks a lot. This forum is being very helpful!
 
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