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Working on EAD before 180 days
- Thread starter EAD2003
- Start date
Technically if you work for some other company before 180 days, you are working illegally. AC21 allows you to work second part time job on EAD or quit your current job and get a new job (as long as boath the jobs have the same job description as your current job).
Althought it is possible that you can get away with it, it is till illegal, and if INS audits your case, or requests for RFE's, your case can be rejected and since you worked illegally possibly deported
This is what I had found out when i filed for my 485 and was looking at other work opporunities.
Talk to a lawyer.
Althought it is possible that you can get away with it, it is till illegal, and if INS audits your case, or requests for RFE's, your case can be rejected and since you worked illegally possibly deported
This is what I had found out when i filed for my 485 and was looking at other work opporunities.
Talk to a lawyer.
Well the reason you were eligible for AOS was because your employer filled for you 140, if you are laid off before 180 days, then your 140 is no-more valid, and hence un-validating the 485 based on that 140, so your 485 will be denied. AC21 allows you to use the same 140, if after 180 days you change your job and find another job with the same job description.
EAD allows you to work for any job, but if your EAD is based on 140, then you cannot use your EAD to work anywhere before 180 days. Only if your 485 was family based or Asylum or some other category, then you don't have to worry about the 180 day rule.
EAD allows you to work for any job, but if your EAD is based on 140, then you cannot use your EAD to work anywhere before 180 days. Only if your 485 was family based or Asylum or some other category, then you don't have to worry about the 180 day rule.
What if you never worked for the Employer one who is supporting your GC? It is not illegal to work before 180 days. It is not safe as you have risk of revocation of I-140. If your intention is good and applied I-485 in good faith it is Ok. Only requiring is I-485 should be pending for more then six months provided your I-140 is approved.
You can legally use EAD when you are pending ‘Adjustment of Status’ (i.e. Pending I-485)
You can legally use EAD when you are pending ‘Adjustment of Status’ (i.e. Pending I-485)
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technically speaking, 485 is for a future job...., i guess you use ead as work authorization to work for the second company. now what happens is you lose your h1 status. your status will be that of an adjustee.
if you work for second employer on ead, you need to go to your current employer and file i9 and your work authorization is your ead card. keep the ead card current.
good luck to you!!!
if you work for second employer on ead, you need to go to your current employer and file i9 and your work authorization is your ead card. keep the ead card current.
good luck to you!!!
Well, I would strongly recommend you talking to a lawyer. I understand your situation in which someone is sponsoring your GC but not really hiringing you.
Here is what I think (I can always be wrong). If company A files your 140, it means that they have a need of you in their company. Based on this need your 140 will be approved, so once the 140 is approved and you get your EAD, you have to start workign for company A. If you do not work for company A, then the adjudicator will think that there was no reason for company A to file your 140 in the first place, and he can create some trouble. AC21 allows you that due to current needs of the economy, if your 140 is apprvoed, but you want to change your job, you can do so after 180 days. They have the 180 day catch because they want to be sure that company A filled your 140 for legitimate reasons.
I know BCIS does a FBI and IRS check, and they will know that you are not on company A's payroll, instead you are on company B's payrool, it would be fine, if the payroll date is after 180 days of AOS Notice Date, but if it is before that, then you will get into trouble.
With the current situation, and BCIS being serious on taking all necessary steps, I would strongly advice you to talk to a good lawyer regarding your situation.
I have heard about one case in which a guy's friend's company filed his 485, but had never hired him. They had just done it so that he gets his GC. He was on some other company's payroll. He was busted and was in lot of trouble.
Let me also remind you that BCIS will most probaly require to produce pay checks, tax returns, emplyment letter and other documents to verify your job status.
Don't try to make a decision based on comments from me and others, you don't want to screw around with bcis these days.
Here is what I think (I can always be wrong). If company A files your 140, it means that they have a need of you in their company. Based on this need your 140 will be approved, so once the 140 is approved and you get your EAD, you have to start workign for company A. If you do not work for company A, then the adjudicator will think that there was no reason for company A to file your 140 in the first place, and he can create some trouble. AC21 allows you that due to current needs of the economy, if your 140 is apprvoed, but you want to change your job, you can do so after 180 days. They have the 180 day catch because they want to be sure that company A filled your 140 for legitimate reasons.
I know BCIS does a FBI and IRS check, and they will know that you are not on company A's payroll, instead you are on company B's payrool, it would be fine, if the payroll date is after 180 days of AOS Notice Date, but if it is before that, then you will get into trouble.
With the current situation, and BCIS being serious on taking all necessary steps, I would strongly advice you to talk to a good lawyer regarding your situation.
I have heard about one case in which a guy's friend's company filed his 485, but had never hired him. They had just done it so that he gets his GC. He was on some other company's payroll. He was busted and was in lot of trouble.
Let me also remind you that BCIS will most probaly require to produce pay checks, tax returns, emplyment letter and other documents to verify your job status.
Don't try to make a decision based on comments from me and others, you don't want to screw around with bcis these days.
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guju,
my understanding was from EAD2003's first post.... Would there be a problem with the INS if I were to use my EAD before 180 days by working on a W2 with some other company.
My sponsor company seems to have no problem with it as the other company is paying them separately for my time.
Please advise.
From this I assume that EAD2003 is not leaving his/her employer but rather using his ead to work for another employer on a part time basis. Ead2003's current employer is fine with this and knows this. so, ead2003's i-140 will not be revoked!!
but again, from his last post...If i file an I9 with my sponsor but I am getting paid on a W2 from another company based on EAD, should the IRS or BCIS have any problem with this. Reason being that another company is paying my wages and not the sponsor.
how is the second company related to the first company. are you saying that can you accept a similar position with your client. next,
with so minimal and contra dictory statements...it is hard to understand your position.
my understanding was from EAD2003's first post.... Would there be a problem with the INS if I were to use my EAD before 180 days by working on a W2 with some other company.
My sponsor company seems to have no problem with it as the other company is paying them separately for my time.
Please advise.
From this I assume that EAD2003 is not leaving his/her employer but rather using his ead to work for another employer on a part time basis. Ead2003's current employer is fine with this and knows this. so, ead2003's i-140 will not be revoked!!
but again, from his last post...If i file an I9 with my sponsor but I am getting paid on a W2 from another company based on EAD, should the IRS or BCIS have any problem with this. Reason being that another company is paying my wages and not the sponsor.
how is the second company related to the first company. are you saying that can you accept a similar position with your client. next,
with so minimal and contra dictory statements...it is hard to understand your position.
kk,
You are right about the first assumption.
About the second- I'll be paid on a W2 by another company using my EAD. My sponsor company has agreed to this.
My question is - will IRS or BCIS have any problems with this?
My sponsor company can always issue supporting letters of intent to hire me after GC.
Thanks again.
You are right about the first assumption.
About the second- I'll be paid on a W2 by another company using my EAD. My sponsor company has agreed to this.
My question is - will IRS or BCIS have any problems with this?
My sponsor company can always issue supporting letters of intent to hire me after GC.
Thanks again.
Ok, this makes sense now
I am quoting what Attorney Sheela Murthy said on her website
"Rumor : If one is on an EAD, granted due to one's having an employment-based green card application pending, s/he must work in the same field for any additional employer. Posted February 25, 2003
Clarification : No, this is not correct. It is possible to work for any other employer on an EAD even if not connected with the field of one's current employer. A possible catch in such a case is that, if one travels abroad and reenters the U.S., one has to reenter on the AP and may no longer enter on the H1B even if one continues to work full time for the H1B-sponsoring employer. Further, if that person is using the EAD to switch employers and use AC21, the new job should be the same or similar to the job listed in the labor certification."
Here is the link
http://www.murthy.com/rumor.html
So I guess you can work for the second job as long as you are still working with the company who filled your AOS. Sorry for the confusion
I am quoting what Attorney Sheela Murthy said on her website
"Rumor : If one is on an EAD, granted due to one's having an employment-based green card application pending, s/he must work in the same field for any additional employer. Posted February 25, 2003
Clarification : No, this is not correct. It is possible to work for any other employer on an EAD even if not connected with the field of one's current employer. A possible catch in such a case is that, if one travels abroad and reenters the U.S., one has to reenter on the AP and may no longer enter on the H1B even if one continues to work full time for the H1B-sponsoring employer. Further, if that person is using the EAD to switch employers and use AC21, the new job should be the same or similar to the job listed in the labor certification."
Here is the link
http://www.murthy.com/rumor.html
So I guess you can work for the second job as long as you are still working with the company who filled your AOS. Sorry for the confusion