What can be done with EAD?

computer_guy

Registered Users (C)
Hello,

I am computer consultant. I checked my status on EAD and it says it was mailed to me about 2 days back. I still have my extended H1B valid for another couple of years.

I have the following questions:

1. Can I switch companies as soon as I get my EAD or is there certain amount of time that I have to work for my sponsor? I know last year one of the companies HR mentioned that the INS requires immigrants to work for their sponsor for 5 - 6 months (don't remember exact # of months) after getting EAD. Does this rule still apply.

2. Can I work for my sponsor and also have another part-time job in the same field or a different field other than computers?

3. Can I start an LLC corporation for my independent consulting or for some other business that is not related to computers?

4. Should I switch my visa status to EAD and give up my H1B (which is valid for a couple of years)? I know a lot of people who got their EAD never switched companies until they got their green cards. Not sure why they were playing it so safe.

There are some grey areas with what can be done with EAD. I do not want to do anything that raise a red flag so I don't want to be in that grey area. I want to be 100% sure of what I can do with my EAD. I do understand that eventually I may have consult with an immigration attorney.

Any suggestions?

Thanks
 
1. Your I-140 should be already approved, and you should work for the sponsor for 6 months after filing the I-485 (not 6 months after EAD), or they can revoke the I-140. After that you can switch jobs using the AC21 portability provision. Once the green card is approved, you should work for the sponsor for some time (if you changed jobs with AC21, the new employer becomes the sponsor, although the original sponsor did all the hard work). How long? The general opinion out there is that 6 months is enough to be reasonable, but there is no definite court case or legislation on it.

2 and 3: With an EAD that is associated with a pending green card, you can have a side job doing anything that an employer chooses to hire you for, or run any type of legitimate business on the side, provided no legally valid contractual restrictions in your current job would block you from the added employment/business activities.

4. Keep the H1B until you actually switch jobs or take on a side job. Having a valid H1B has a few advantages, such as being able to bring in a spouse on H4, or being able to keep working if they don't approve your 2nd EAD before the 1st EAD expires.

I know a lot of people who got their EAD never switched companies until they got their green cards. Not sure why they were playing it so safe.
Believe it or not, some people have decent employers that pay them well. Why should they run?
 
Thanks for response. It is pretty clear now.

Once the green card is approved, you should work for the sponsor for some time (if you changed jobs with AC21, the new employer becomes the sponsor, although the original sponsor did all the hard work). How long? The general opinion out there is that 6 months is enough to be reasonable, but there is no definite court case or legislation on it.

I did not know about this rule. Some of my friends switched jobs after they got their green cards but this was a few years back. Actually, one of them was them was laid one month after he got his GC as his company merged with a another. Is this something new? Anyway, thanks for letting me know.

I was just curious about EAD not getting extended. On what grounds does the INS not extend the EAD?
 
I did not know about this rule. Some of my friends switched jobs after they got their green cards but this was a few years back. Actually, one of them was them was laid one month after he got his GC as his company merged with a another. Is this something new?
No, the requirement to work for the sponsor after the green card is an old one (however, the debate is about how long which is a gray area). But unless the employer complains, it is only at citizenship time that leaving the employer too soon could cause problems. There are a few threads on this board where the posters reported being hassled in the interview about leaving the employer, but they ultimately got citizenship. For others, the interviewer didn't dive into their employment history at all.

I was just curious about EAD not getting extended. On what grounds does the INS not extend the EAD?
Sometimes they just take an extra-long time to process it, for no good reason. Some people wait 4 months or more while the EAD renewal is pending, and in the meanwhile the existing EAD expires. They eventually get the renewed one, but they end up with a gap in employment authorization and have to temporarily stop working, unless they were able to successfully obtain an interim EAD in between.
 
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