Value of EAD. Questions?

[st8]

I am raising these questions in terms of lay-off given the economic scenario.

1. If one is laid-off (before or after 180 days) and joins a new job, what needs to be done to the GC process? Any amendments. If any job based RFE, what should be the response?

2. For those who used the company lawyer, what needs to be done for G-28 for contacting INS?

3. If the new job requires a move to a different address, what needs to be done? How to address it with INS?

4. If a new employer is found, is it better to file a H-1 transfer or work with EAD? (EAD is valid for a year. Hence, how will the renewal work if GC takes longer?)

5. Can we be self-employed with EAD? (If one can find own contract, that will save some commissions) How will the renewal work if GC is delayed?

6. If we incorporate with EAD (self-employment), can we continue our GC as filed by self-owned company? Any issues?

Generally, I would see two tracks if laid-off with EAD. Work for a new company or start own (if we can). Post your responses addressing each one with resolutions for any issues.

 

[jaxen]

Some answers...

1. If one is laid-off (before or after 180 days) and joins a new job:
INS will come with specific guidelines by June.Till then, If you get a RFE, respond with a letter from the new employer which should state that they will hire you after the GC approval in the position as stated in LC/I140, with responsibilities as stated in LC and a salary nearer to the one stated in LC. The new guidelines might have clearer instructions.

2. If you are going to hire another lawyer, lawyer can file another G28. If you decide to handle it yourself, send G28 stating that you are going to handle it yourself.

3. Inform INS about change of address using AR11 so that you keep getting INS notifications (FP, RFE, Approval, Green card). Follow it up after a month by calling Service center to verify whether the change has been made.

4. If employer is willing to do H1, H1 is always better. if you are going to use EAD you need to have AP too and all your dependents need to have AP (for travel). Apply for renewal 3-4 months before expiry to avoid any gaps in employment.

5. You can be self employed with EAD. EAD does not require your employer\'s participation.

6. GC process can be continued only if the job is still going to be one similar to the one described in LC/I140. You need to prove that even after being incorporated, the job description is similar (except ownership). If you can do that , your GC might continue.
If your sponsoring employer did not write to INS and you do not fall into the minority of no problem local transfers or your change of address does not make an IIO/INS contractor transfer your case to another service center, you can take the risk of incorporating your own company.
There is no simple cause effect rules here. You take the risk and you pay the price or you hit the jackpot.