EAD (AOS) FAQs

Unemployed on AOS EAD/I-485

Authored on: Fri, 09/09/2022 - 08:44

Question

Hi, My question is can I stay unemployed on EAD for long period of time (working for the same employer who petitioned me but on bench without payroll)? Can I be like that until my 485 gets adjudicated?. or do I need to show paystubs for each and every month?

Answer

Technically, you can be unemployed while on EAD/AOS/I-485. But if you are benched by the employer who petitioned for your green card, that casts doubt on the availability of the green card job. That can lead to revocation of the green card process unless you change employers using AC21 portability.

Does approval of an I-485 EAD automatically invalidate my H-1B?

Authored on: Fri, 08/12/2022 - 07:28

Question

My Wife and Kid have an appointment to get stamped on H4 as i have a valid H1 till Jan2023 and I am in USA. Now I just received a notification that my EAD card is approved for my GC. Will this impact in any way for my Wife and Kid's H4 Stamping?

Answer

Your H-1B remains valid as long as you do not use the EAD. Mere approval of an EAD has no impact.

"Same or similar job" criteria for green card AC21 portability

Authored on: Fri, 06/17/2022 - 02:46

Question

1) I-485 Filed under EB 3 Downgrade - More than one year back and pending
2)Independent I140 Approved both in EB2 and EB3 (Not as Amendment)
3) Currently working on H1B Work Authorization
4) I-485 EAD and AP Available but never used (EB3 Category)

Questions: -
1) If you change your job but by transferring your H1B (Change of Employer) and NOT use EAD, would the AC21 still apply (Same or Similar Job constraint) if you want to keep the I-485 alive?2) You said the last call that for Same of Similar Determination - USCIS Looks at all aspects:
a) Do the Job Duties and Actual Job Title need to be a dollar-to-dollar match?
b) Job Location Changes (One City/State to Another) and Job Mode Changes (From Onsite to Hybrid or Fully Remote) - Allowed?
c) Compensation Differentials - Positive or Negative - Any specific considerations/grey areas
 

Answer

Video URL

Protecting immigration status: Traveling with advance parole, divorce proceedings, and an entrepreneur on an H-1B visa

Authored on: Thu, 04/21/2022 - 05:35

Question

1. I-140 didn't get approved but received a GC-EAD card approved for 2-years along with advance parole. Is it fine to travel to India for 2 months or for how long staying from the US is valid while on EAD?
2. I didn't need to worry about having a valid visa while returning to the USA, just advance parole will suffice for return?
3. Prior to getting GC-EAD I was on H4-EAD, due to family issues I may seek a divorce. Now that I have GC-EAD will divorce affect my current status or upcoming Green Card? or should I wait until the Green card is through?
4. I have been an Owner of an Inc company while on H-1 and H-4 and H-4 EAD, but I haven't taken any profits or pay-stubs, except for signing on Company Tax returns. Does this situation restrict me from getting a Green Card? or since I have already received GC-EAD under the EB3 category, should I stay positive that I will receive GC in the near future?
 

Answer

Video URL

Maintaining H-1B status once I-I485 EAD is received after downgrading from EB-2 to EB-3

Authored on: Fri, 02/25/2022 - 02:56

Question

I have been on H-1B for the past 16 years. Recently received my I-485 EAD after downgrading from EB-2 to EB-3. Can I work full time for my own company now in the same field or Do I still need to have an employer, if I am ok to give up H-1 status?

 

Answer

Video URL

Working for two employers on W-2s using the GC-EAD

Authored on: Mon, 12/20/2021 - 08:50

Question

1. I applied for I-485 and it is pending. I received my GC-EAD in Aug. 2021 and started using it for my work. I am currently working for two employers on W-2s using the GC-EAD (GC employer and a new employer). Will USCIS question why I am working with 2 employers on W-2s?  Will it impact the pending I-485?

2.Instead of two W-2s can I convert the second W-2 to a 1099 ?

3.During the GC interview or in the RFE Letter, if they ask to provide a W-2 , can I produce only the primary employer W-2?

4.If the interviewer asks how come you have two W-2s how to answer the question in a more convincing way ?

 

Answer

Video URL

1. You can have multiple jobs while you are on EAD as long as your intention towards one remains clear. Once the 180 days have passed you can even change jobs or have multiple jobs and also potentially work for yourself.

2. Absolutely. 

3. I would suggest you produce both W-2s. 

4. At any time when you go for an I-485 interview you are put under penalty of perjury and hence you must tell the truth.

 

How Long Can You Be Unemployed on AOS EAD/AP?

Authored on: Thu, 08/12/2021 - 02:27

Question

How much unemployment gap is permitted while being on AoS EAD/AP?
Will the USCIS ask for each and every month's paystubs during the final EB2 AoS adjudication.
 

Answer

Video URL

Multiple Employers or Jobs on I-485 EAD

Authored on: Wed, 08/11/2021 - 07:57

Question

Can I do a second job using GC EAD which I recently got and continue working for sponsored employer on H1B (unexpired I-797) for not more than 6 months? i am being told that this actually would void H1B status. I'm fine with it (moving to AOS status) as long as i do that secondary job until I-797 with current employer expires. But will it cause any issues with AOS whenever priority date becomes current ? ​
 

Answer

Video URL

Doing business on AOS EAD and on H-4 EAD/extension

Authored on: Fri, 03/26/2021 - 09:59

Question

1. I know, someone on EAD based on AOS waiting for I-485 approval must produce a valid job offer (Supplement J) during GC interview. Once the person update work status as EAD on Form I9, then the legal status will become EAD based on AOS. Can the person start a business/startup while on EAD with pending I-485? If yes, should the person notify USCIS about it? Does Form I9 need to submitted for starting/running a business/startup?

2. I know, someone on H4 EAD can he start a business? 
 

Answer

Video URL

Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485

Authored on: Wed, 02/10/2021 - 08:08

Question

I am currently on H1-B visa (valid until Dec 2021) and my Priority date is May 15, 2010, in EB2. I am working for employer A and I have recently applied for I-485/AOS in Oct 2020. Both EAD/AP are not approved yet and haven't received biometrics notice yet from USCIS. Kindly see below questions and advise.<br>

1) If I change to employer B after 180 days of filing I-485, how would USCIS know that I changed my employer if I do not file new I-485 J that's given by employer B?
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2 After getting EAD, can I stay without working for a few months? Is there a regulation that says that employment based I-485 applicant needs to work continuously after obtaining EAD?
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3) I am working for a consultancy company and recently changed my client who is not within 50-mile radius of the existing MSA. My current employer A is not planning to file H1-B amendment. In this case, if there is a site visit by USCIS officer and if they revoke H1-B, then am I still considered to be in legal status because I already applied for I-485 in Oct 2020? Am I safe to stay legally in USA in this scenario even though I did not receive EAD based on AOS?
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4) If H1B amendment/extension of an employee gets denied after filing AOS/I-485, is the employee still considered as in-status because of pending I-485?

Answer

Watch the Video on this FAQ:

Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485


Video Transcript

1. Usually if you do an H-1B transfer or if the I-140 is revoked that becomes their source of knowledge.

2. Absolutely, the regulations only require that when asked, you should be able to produce an offer of employment for the same or similar job and file Supplement J. This is only when asked.

3. If you have a I-485 pending you are always allowed to stay in the United States, but make sure that you have an EAD.

4. Normally an H-1B denial has no effect on the Adjustment of Status I-485. FAQ in detail...



Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.