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.

 

[whiz-kid]

Value of EAD

> 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.

Under AC-21 the GC application/I-485 should be ammended with info about new employer, job duties etc. some of H1s have done it. If laid of before 180 days then the law is not clear as to what should be done.

> If any job based RFE, what should be the response?

Depends on the RFE questions.

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

The new lawyer may have to file another G-28.

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

Some H1s have requested INS to move their file from one Service center to another or regional INS depending on the case.

> 4. If a new employer is found, is it better to file a H-1 transfer or work with EAD?

Again depends on whether you have new employer before or after I-485 refer AC-21.

> (EAD is valid for a year. Hence, how will the renewal work if GC takes longer?)

There is a separate INS form for EAD renewal some H1s have had to go through the process.

> 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?

EAD for H1 is employer specific because of previous preconditions like LCA, etc. so EAD under H1 may not be used for self employment. EAD renewals can be started 60 days before the expiry date and the timing varies form one service center to the other.

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

See previous question and response.