working on EAD

J

jerky

Registered Users (C)
I'm on H1-B and being a petitioner of the GC application,when is it safe to change the employer and work on EAD ,or should we wait till the GC is processed to stay with the same employer?

thanks,
 
Do not get on EAD unless you've no choice. For any reason(I hope and pray not0 if your I140/I485 gets denied than you'll be out of status. Just cling on to H1 until your I485 gets approved.
 
wait utill I140 is approved and also after 180 days of filing of I485 ..if you have to change the jobs...even if you change the jobs using EAD try to maintain your H1 so that if something happens to I485 you will still be legal .. while you are filing MTR etc...
 
Hmd,

what do you mean by maintain H1 even if EAD is used. How would I do that.

I am also in a situation with 140 pending and going to use EAD as not many jobs with H1 reqd. How do I stay safe. My H1 company will help me in any way. Lemme know.

Thks.

Yeppo
 
Thanks for the info,my I140 is approved ,well got one RFE before the approvals of EAD and I140 for my pictures,so is that a best bet to work on EAD after the 485 approval and waiting for the plastic card ? or is the 485 approval means the GC ?
 
yeppo said:
Hmd,

what do you mean by maintain H1 even if EAD is used. How would I do that.

I am also in a situation with 140 pending and going to use EAD as not many jobs with H1 reqd. How do I stay safe. My H1 company will help me in any way. Lemme know.

Thks.

Yeppo
Click to expand...

It may not be applicable in all cases but there are certain situations where you can maintian H1 atleast for some period of time.

Ex: let's say your H1 is valid untill 2005 June. you decided to use EAD in OCt 2004 then untill June 2005 . if something happens to your I485 then you can come back on H1.
 
hmd said:
wait utill I140 is approved and also after 180 days of filing of I485 ..if you have to change the jobs...even if you change the jobs using EAD try to maintain your H1 so that if something happens to I485 you will still be legal .. while you are filing MTR etc...
Click to expand...


What is MTR?

thx
 
It is a Motion To Reopen which is filed I think when any Immigrarion petetion is denied.
 
As far as I know, I do not think you can use EAD and also keep H1 alive. The day you use EAD, H1 automatically becomes invalid(that's what my lawyer had told me).
 
AC21 question.

I have a situation. My GC was filed for a position of Programmer Analyst. I am a consultant now. I have good chances of getting full time job as Sr.business Systems Analyst. Will it be OK to accept a position with a title Sr.Business Systems Analyst using AC21? Is this going to cause any hurdles if there is a query on I-485.

Also, should i let INS know that I'm going to use AC21 or wait for approval/rfe?

My I-140 was approved in June 04.

Gurus..Please answer.
 
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