EAD FAQs

Working for Two Employers on EAD

Authored on: Tue, 07/30/2019 - 03:39

Question

What is the likelihood that because of working in a dis-similar job, for a different employer, on EAD , my I-485 ( and the GC ) could be denied?

Answer

Watch the Video on this FAQ: Working for two employers on EAD

Video Transcript

I don't see any problem with it. 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.

Starting Business on I-485 EAD

Authored on: Tue, 01/08/2019 - 03:26

Question

1. Am I allowed to open a corporation and run a business on GC-EAD?<br>
2. If no, can I still work on a 1099 and file my taxes or do I have to be on a W-2 for an employer?

Answer

Watch the Video on this FAQ: Starting business on I-485 EAD

Video Trascript

1. Sure you can. You can work for yourself, you can do multiple jobs as long as you have an EAD.

2. Sure, as long as you are not losing focus of your main job - that's the job that got you your green card. More...

 

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.

Transfer from H-1 (with I-140 approved) to H-4 EAD

Authored on: Fri, 08/25/2017 - 04:05

Question

I have approved I-140 with company A and my wife has her I-140 approved or over 2 years. I'm planning to move to H4 EAD. Can I file for H4 and H4 EAD concurrently? What would happen to my earlier I-140 and also to the GC process if I am on H4?

Answer

You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.

Compelling Circumstances EAD

Authored on: Fri, 07/07/2017 - 04:53

Question

I am on a H-1B Visa for past 9 years and have EB3 I-140 (2008 Priority Date) from Company A and EB3 I-140 from Company B (2014 Priority Date). I am now with Company C. I am Heart Patient and was operated for Heart By-Pass Surgery in 2013 and since then taking my regular Medicines (for my entire Life). I feel stressed on continually working for 40 hours a week and feel getting a EAD will be a god's gift and I can use this EAD to work at my convenience.

Answer

Watch the Video on this FAQ: Compelling circumstances EAD

Video Transcript

I have given a few examples on my blog please look at that.

Your surgery was a good four years ago I don't know if there is something particularly difficult about your medical situation, but normally people with bypass surgery resume their normal lives. In your case, like I said if there are any particular circumstances, you can certainly apply for compelling circumstances EAD and you can keep getting that renewed. More

 

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.

Extending H-1/H-4EAD; working while extension pending

Authored on: Tue, 06/06/2017 - 00:08

Question

I am on H1 Visa, my H1, wife's H4 and H4 EAD expires on 7/18/2017. I will be completing my 6 years by 7/18/2017. My I-140 is approved. I have a question<br>
1. Should I file for H4 EAD extension along with my H1 and H4 extension<br>
2. Can my spouse (H4-EAD) work while her extension in progress?

Answer

Watch the Video on this FAQ: Extending H-1/H-4EAD; working while extension pending

Video Transcript

1. Yes, you should. 

2. No. Once the current H-4 expires and EAD expires and you are waiting for the new EAD to arrive she has to stop working. More...

 

 

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.


Is it legal to work for a foreign based company in the USA?

Authored on: Fri, 05/19/2017 - 04:17

Question

My wife has received her L-2 visa. She plans to continue with her US branch of her India employer once she lands in the US and gets her EAD. However for the period while she is US waiting for her EAD to come in, can she continue to be employed with her employer in India and keep receiving paychecks in India, while technically not working for any US based employer prior to getting her EAD?

Answer

Watch the Video on this FAQ: Is it legal to work for a foreign-based company in the USA?

Video Transcript:

In my view, if your wife has come here on L-2 visa and she wants to continue working I would wait till her EAD because I just don't like to have that grey area. I would not want her to continue getting her paychecks. I have had other colleagues of mine say if the business work for which she is working has nothing to do with the USA, they have no clients in the USA, they are receiving no money from the USA, they are not channeling any money through the USA that it is OK to work for this company in the USA while you are getting paid abroad. I have my doubts so my advice will be not to. More..


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.

Changing employers after 6 years of H-1 are over

Authored on: Tue, 04/04/2017 - 02:22

Question

1. With my approved I-140 from Company B can Company C use that to file my extension for 3 years. I have a copy of approved I-140. Is it safe to change companies in the 6th year. <br>
2. Using the approved I-140, I have filed H4-EAD for my spouse in Feb 2017 and is yet to receive the EAD approval. If I get it will be only valid till Nov 2017 based on current I-797 validity. So, if H1-B is approved for Company C, can I file extension of H4-EAD 120 days before validity based on that approval. If EAD is provided, it is going to expire on Nov 2017 based on the H1-B's current I-797.<br>

Answer

Watch the Video on this FAQ: Changing employers after 6 years of H-1 are over

Video Transcript

1.Yes you can file for an extension. That's all you need a copy of the approved I-140. It is safe to change companies. The law is once your I-140 is approved and stays approved for 180 days, even if your old employer revokes your I-140 you have the right to keep extending your H-1 through any employer.

2. I think you can apply 180 days. The new regulations allow you to file for EAD extension 180 days ahead of time. Have it double checked. It is not a guaranteed right but USCIS has said that they will accept that unless they post it differently on their website. So always double check the information. More...

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.

"Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn

Authored on: Fri, 03/24/2017 - 10:13

Question

My I-140 got approved in Oct 2016, after this rule is passed do I have to wait for 180 days after Jan 17 or will it be applied from Oct 2016 itself?

Answer

Watch the Video on this FAQ: "Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn

Video Transcript

I think if you have arrived at 180 days mark on or after January 17th, you should be covered by the regulations. More...


 

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.

Compelling circumstances EAD

Authored on: Tue, 03/21/2017 - 15:53

Question

I have approved I-140 from 2010. I read that if I apply for I-140 EAD (due to compelling circumstances ) it will revoke my H1B status and then I would not be able to adjust the status through I-485 without going outside the country and getting back on H1 which is extremely risky. The other option is Consular Processing which is also waiting outside US. Is that right? What status would a person be in US if on I-140 EAD due to a compelling circumstance? Is there a way to switch to H-1B so as to continue with Green Card through Adjustment of Status ( with same priority date) while within US?

Answer

Watch the Video on this FAQ: Compelling circumstances EAD

Video Transcript

If you use a compelling circumstance EAD you are in authorized period of stay. If you want to file I-485 or want to convert back to H-1B you got to go outside the USA and come back on a H-1B visa. There is no way around that. More...

 

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.

EAD on the Basis of Approved I-140

Authored on: Tue, 03/14/2017 - 05:15

Question

I have an approved I-140. My priority date is April 2011. Can I file for EAD on the basis of approved I-140?

Answer

No. The only EAD possible is a compelling circumstances EAD. This would not be a routine EAD. See the graphic on my blog.

J-1 Physician applying for following to join after waiver

Authored on: Wed, 03/01/2017 - 23:20

Question

I am a physician currently in H-1B undergoing 3 years of J-1 waiver program which is set to be completed on July end of this year. My husband got his greencard through E-B2 category (rest of the world) in early 2013 When I was still in J-1. My name was included in I-140 but could not file I-485 due to my J-1 visa. I have been married since 2006 and came to the US initially on H-4 visa before getting residency in J-1 visa. Is there a possibility of filing my I-485 directly without waiting for the long I-130 approval process? Or is there any exceptions for a situation like mine such that spouse happened to be in J1 and could not apply for a change of status at the time primary applicant applied for I-485?

Answer

Watch Video on this FAQ: J-1 Physician applying for following to join after waiver

Video Transcript:

Yes, if you are in the USA in legal status and his priority date through which he got his green card is still current you should be able to file your I-485 directly. More...


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.

Changing Employers With An Approved I-140 After January 17 2017

Authored on: Tue, 02/28/2017 - 02:18

Question

I have approved 140, Green card EAD/AP card in EB2 from company-A and passed more that 180 days. I have maintained H-1B status since last 9 years instead of using EAD/AP as the need to go India for marriage so my future wife gets H-4 easily. Just transferred my H-1B to company-B. Company-A will revoke my I-140 in March 2017 due to company policy. I have following questions to ask you.<br>
1. Shall I get H-1B extension (beyond 6 yr) in future with company-B after I-140 revoke from my previous employer?<br>
2. I have EAD/AP card from my previous employer. Is it required to start GC process like labor and I-140 application again with company-B if my previous employer revokes my I-140?

Answer

You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.

Under AC21, you do not have to start a new green card if:

1. Your I-140 is approved;

2. Your I-485 has been pending for 180 days or more;

3. You will take an employment same as or similar to your green card job; and

4. You file Supplement J.

How do we keep up with the rumors and changes in the laws

Authored on: Thu, 02/23/2017 - 02:27

Question

How do we keep up with the rumors and changes in the laws? My I-140 is approved in 2013 and priority date is on 2013. Do you have any inside on country quota elimination bill?

Answer

Watch Video on this FAQ: How do we keep up with the rumors and changes in the laws

Video Transcript:

I can speak only for myself and you can follow my twitter account and all our social media accounts on immigration.com.  If there is a rumor going on and you are not sure, you can send me a Twitter message or a message through LinkedIn. 

Don't wait for any bills to pass because there is no guarantee that any bill would be passed. Bills take a long time and I personally feel that under the current rules if you change before I-485 filing you have to start the green card all over again. But if your I-140 was approved for 180 days you keep your priority date as well as your right to extend your H-1 through any employer even past six years. More...

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.

Automatic EAD extension; I-485 EAD

Authored on: Thu, 02/23/2017 - 00:48

Question

I am in I-485 pending status based on EB2 and have been working on EAD since 2012. Under the new rules effective January 2017, I understand that I can file for EAD extension 180 days prior to expiration. Will EAD be considered extended automatically if the approval doesn't come before the expiration of my current EAD?

Answer

Watch Video on this FAQ: Automatic EAD extension; I-485 EAD

Video Transcript:

If you have a EAD based upon a I-485 approval and if you timely file, you can continue working for up to 180 days even after the current EAD expires. Also, USCIS has indicated that they will allow us to file EAD's 180 days before the expiration of your current EAD. So there are two 180 day periods - one 180 day period is you can apply that early and the second EAD period is it gets automatically extended if timely filed. More...

 


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.

Regarding Form G-884 (Returns of original documents)

Authored on: Tue, 07/21/2015 - 10:22

Question

I got I-140 approved and also got EAD with EB2 category in April 2012. I need to change my employer but my employer did not give me my green card paper like I-140 approval copy, labor code etc. I have only receipt copy of I-140 and I-485. I heard about USCIS form G-884 (Returns of original documents) which use to get all green card documents from USCIS. I have following questions to ask you. Based on G-884, can I get my all green card
documents from USCIS without knowing my employer?

Answer

Form G-884 is used to request return of documents YOU had sent to USCIS (e.g., your college degrees and diplomas). Use FOIA for the purpose you are considering.

H-4 EAD - Starting business

Authored on: Wed, 04/29/2015 - 02:51

Question

1.Can we own our business?
2. Do we have to run own payroll?

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/3Heaadpk1Ik?t=933 

FAQ Transcript:

1. Yes you can.

2. You do not.

A business owner often does not get paid. Make sure you got a back up plan. If your EAD runs out for some reason and it is not renewed you should have someone run the business while you do not have an EAD. 

H-4 EAD COS pending; File green card while on H-4

Authored on: Thu, 04/23/2015 - 05:13

Question

1. Can I apply for H-4-EAD on May 26 2015 even if my H-4 COS is still pending ? Or I will have to wait till it get approved ?<br>
2. My employer already filed my PERM and they are OK to come back with them on H-4 EAD. Can I apply for I-140 after H-4 EAD is approved ?
Is it ok if I will stay on H-4 EAD to continue processing of my GC ?

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/3Heaadpk1Ik?t=809

FAQ Transcript:

1. You can apply while your status is pending. but in my opinion an EAD can be applied on or after May 26th even if change of status to H-1 is pending.  

2. Yes there is no law that stops you from applying a green card. you can start your green card , continue your green card or even finalize your green card while you are on your H-4. 

H-4 EAD Rule FAQ's

Authored on: Wed, 04/01/2015 - 05:30

Question

1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?

2. Why is an adjustment of status I-539 needed? What status is being adjusted (H-4 to H-4?)? I get the other form for application of EAD. What if someone is on F-1? Could they file I-539 (To go from F-1 to H-1?) and I-765 concurrently?

3. I am currently on OPT ( from F-1- visa) and it ends in Dec. My husband on H-1B and I-140 to be approved 2009 PD in "ABC" company and he moved "XYZ" company .The XYZ company process my new I-140
Do we have any clarity on the F-1/OPT to H-4 EAD process? Should I move to H-4 and then apply for EAD ?

4. I know there is no clear picture that there will be a change in law for all candidates with I-140 approved can register for I-485, so that they can get EAD/AP. If that really happens, there is no use of this H-4 EAD regulation anymore it is just obsolete, any person with approved I-140 can apply for I-485. The H-4 EAD process took one calendar year from starting to beginning for approval which will become a waste of process, effort, wait time, expenses for the Government. If it really happens, it is a miracle or my guess is they might keep a condition that the person should be waiting at least 3-4-5 years with a approved I-140.
My question is it that easy task for USCIS/GOVT/EO just amend the process for I-485 pre registering ?
5. Can H-4 EAD can do business ?
6. I am in USA on H1B and running my 5th year. but recently I have got H1 extension from USCIS to 7th year. (This is because my labor is pending with DOL now for more than 1 year). So based on these conditions, is my spouse eligible for EAD?. Can your firm help me in filing the EAD for my spouse?

7. a. After the H-4 EAD, if the candidate is not willing to work or doesn't have a job and visited India, does she have to go for visa stamping while coming back?
b. Can she enter on approval EAD (without working) if she doesn't have H-4 visa stamped?

8. 1. I am planning to apply for H-4 EAD for my wife, what happens to her EAD if I change my current employer maintaining my H-1B status?
2. My wife has found a job which can apply for her H-1B, can we file for her H-4 EAD before actually knowing if her application is selected in lottery process? (In short have both H1B application and EAD application open at same time)

9. I am on H-1 B and my husband on H-4 working in India. Can I apply H-4 EAD while he is in India or he has to come here before applying?

10. a. If my H-1B petition is not selected in lottery, I will apply for H-4 COS and EAD simultaneously. Is it advisable to apply for H-4 COS/EAD on my own or through my wife's employer?
b. While my H-4 COS/EAD petitions are under USCIS’ review, can my ongoing STEM extended OPT EAD be further extended (under cap-gap extension policy or similar) to allow me continue working after 9-June-2015 (the day my OPT EAD expires) till I receive the decision on H-4 work authorization petition?
c. If YES, how long is this ‘grace period’ for OPT cap-gap extension?
- If NOT, will I be considered out of status (and have to leave USA) during the time period between the day my OPT EAD expires and H-4 EAD is approved/effective (assuming a positive outcome)?

Answer

1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?

Answer: The H-4 EAD, like the EAD under AOS/I-485 is an opportunity, not an obligation. You can choose to get get an EAD and then not work at all. The EAD remains valid.

 

2. Why is an adjustment of status I-539 needed? What status is being adjusted (H-4 to H-4?)? I get the other form for application of EAD. What if someone is on F-1? Could they file I-539 (To go from F-1 to H-1?) and I-765 concurrently? 

Answer: I-539, change of status has to be filed only if the derivative spouse is in a status other than H-4. If your spouse is already in H-4 status, you will file the I-765 only. If they are in a status other than H-4, such as F-1, you will file for change of status to H-4 using I-539 and you can concurrently file the I-765.

 

3. I am currently on OPT (from -F1- visa) and it ends in Dec. My husband on H-1B and I-140 to be approved 2009 PD in "ABC" company and he moved "XYZ" company .The XYZ company process my new I-140 Do we have any clarity on the F-1/OPT to H-4 EAD process? Should I move to H-4 and then apply for EAD?

Answer: I think we have plenty of clarity at this time. You can apply concurrently for H-4 COS and EAD on or after 26 May. You can also apply for H-4 COS now and EAD later. 

 

4. I know there is no clear picture that there will be a change in law for all candidates with I-140 approved can register for I-485, so that they can get EAD/AP. If that really happens, there is no use of this H-4 EAD regulation anymore it is just obsolete, any person with approved I-140 can apply for I-485. The H-4 EAD process took one calendar year from starting to beginning for approval which will become a waste of process, effort, wait time, expenses for the Government. If it really happens, it is a miracle or my guess is they might keep a condition that the person should be waiting at least 3-4-5 years with a approved I-140. My question is it that easy task for USCIS/GOVT/EO just amend the process for I-485 pre registering ? 

Answer: Good points. But H-4 EAD will still be good for people with no I-140 who are in 7th plus year H-1 extension. As to whether or not this is an easy task, depends upon whether they do it by memo (real easy) or regulation (time consuming). 

 

5. Can H-4 EAD can do business ?

Answer: H-4 EAD holders CAN do business.

 

6. I am in USA on H1B and running my 5th year. But recently I have got H1 extension from USCIS to 7th year. (This is because my labor is pending with DOL now for more than 1 year). So based on these conditions, is my spouse eligible for EAD?. Can your firm help me in filing the EAD for my spouse? 

Answer: Since you have received extension beyond 6 years of your H-1, I see no problem in your spouse obtaining her EAD.

As to whether we can represent you, is more problematic.  Since we do not know the depth to which USCIS will examine the supporting documentation that goes with the H-4 EAD petition, we have no good way to decide what to charge. For instance, if USCIS starts asking questions about the status of H-1 holder, it could involve hours of our time.  But if they do not, it would be just a simple filing.  There is no fair method to assess the issues that can be raised.  One of the options you have is to file the Form I-765 with supporting documentation yourself, and then retain us only if an RFE is issued.  That way, in reviewing the RFE, we can assess how much work is needed and charge accordingly.

 

7. a. After the H-4 EAD, if the candidate is not willing to work or doesn't have a job and visited India, does she have to go for visa stamping while coming back? 

b. Can she enter on approval EAD (without working) if she doesn't have H-4 visa stamped? 

Answer: a. In my view it is no, she does not need to go  for visa stamping if she already has a visa. Not working after getting her  EAD is  her right. Therefore, it is not a violation of her H-4 status if she decides not to work, work part time, or own a business, etc.

b. No. She will need a visa. The H-4 EAD does not operate like an Advance Parole.

 

8. 1. I am planning to apply for H-4 EAD for my wife, what happens to her EAD if I change my current employer maintaining my H-1B status? 

2. My wife has found a job which can apply for her H-1B, can we file for her H-4 EAD before actually knowing if her application is selected in lottery process? (In short have both H1B application and EAD application open at same time)

Answer: 1. I see no issue with changing employers as long as your eligibility is otherwise maintained (status/I-140 etc.)

2. Yes you can. I have discussed this in the video on my blog.

 

9. I am on H-1 B and my husband on H-4 working in India. Can I apply H-4 EAD while he is in India or he has to come here before applying?

Answer: USCIS's position is that casual trips that are brief are permitted. If your husband leaves for a long time, you are not permitted to stay in the USA.

 

10. a. If my H-1B petition is not selected in lottery, I will apply for H-4 COS and EAD simultaneously.  Is it advisable to apply for H-4 COS/EAD on my own or through my wife's employer?

b. While my H-4 COS/EAD petitions are under USCIS’ review, can my ongoing STEM extended OPT EAD be further extended (under cap-gap extension policy or similar) to allow me continue working after 9-June-2015 (the day my OPT EAD expires) till I receive the decision on H-4 work authorization petition?

c. If YES, how long is this ‘grace period’ for OPT cap-gap extension? If NOT, will I be considered out of status (and have to leave USA) during the time period between the day my OPT EAD expires and H-4 EAD is approved/effective (assuming a positive outcome)?

Answer: a. I see no reason why you must seek the help of your wife's employers.

b. You will not get any new rights other than an H-4 EAD. 

c. A timely filed H-4 petition will give you the right to stay in the USA awaiting outcome.

Considerations for AC21 job portability

Authored on: Mon, 03/30/2015 - 00:12

Question

My I-485 (based on EB-1) is pending more than 180 days. If I decide to change jobs under AC 21 rule -<br>
(1) Does the new job description should be same as by definition of EB-1 or should it match my current job description based on which I applied for GC in EB-1B?<br>
(2) Do you advise to change using EAD or transferring H-1B? <br>
(3) Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/GtOqgqgEG6I?t=242

FAQ Transcript

Very important issue is Job portability. Today the way it works is an AC 21 portability was basically enacted by Congress back in October 2000 under a law called American Competitiveness in the 21st Century Act, the kind of abbreviation or acronym for AC21. What does it mean? If you’re I-140 is approved and your I-485 is pending whether it was filed with the I-140 or after I-140 approval. If it has been pending 180 days, you may change employers to any same or similar job anywhere in the United States and you will not have to do your Green Card again. So basically you can port your job over as long as it is same or similar. Tricky problem, what is same or similar? No one knows. If you are a software engineer and you remain as software engineer in the next job then same or similar. If you are a software engineer and you become IT manager in next job then not sure same or similar job.

This is where Obama steps in and he says look I will make it clear for the record that natural progression in a job does not take away from being a job same or similar that's the first thing President Obama wants to do and hopefully they will implement really quickly. So, natural progression is considered to be same or similar. Second thing President Obama wants to do is to let you file I-485 without the priority date becoming current. So that means you will earn a right for AC-21 almost a year- year and half, two years into your Green Card process which is very good. Right now if you are India born or China born you could have to wait minimum years to earn that right. So that's in a nut shell what AC-21 is.

Further down somebody was asking a question today: Do we have to inform USCIS?

Interesting thing is that there really is no formal process for implementing in AC-21 transfer over, job portability. Basically, you are not required to file a letter but we usually have employees, people, individual in that situation, file a letter and inform USCIS. Because USCIS is prone to making mistakes, sometimes if the old employer revokes your I-140, if you are an AC-21 eligible individual it does not make any difference if the employer revokes the I-140 as long as you cross the 180 days deadline. Even if they revoke you are entitled to AC-21. But the problem is USCIS sometimes is not aware of the new laws especially the less trained officers. They could revoke your I-485 and send you notice. Next thing is you are running around and trying to solve this problem and if the AC-21 is revoked you are immediately unlawfully present, you cannot work and work is debatable. Let’s just say you are unlawfully present, it’s just a whole lot of mess that should be avoided and that's why I also advice people to keep their H-1 active. So AC-21 letter should be sent.

Another question asked is should I hire a lawyer?

Please do not do this yourself, many things I OK with people doing by themselves you may be ok and you may be get through it. But this is not worth taking chance as downside is too terrible so get a lawyer don't do it by yourself.

Now the question before me

My I-485 (based on EB-1B) is pending more than 180 days. If I decide to change jobs under AC 21 rule -

1. Does the new job description be same as by definition of Eb-1B or should it match my current job description based on which I applied for GC in EB-1B?

Answer:  Current job description. If you are trying to take advantage of EB-1 portability or AC-21 portability your job description should be same or similar in relation to job description is already being filed.

2. Do you advise to change using EAD or transferring H1-B?

Answer:  I told you H-1 is better; keep your H-1B alive.

3. Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?

Answer:  Yes if you have good opportunity. We have done thousands of AC-21 in last few years and we never had an issue as long as job is same or similar you should be fine.

 

 

 

Green card through two employers and future employer

Authored on: Mon, 03/16/2015 - 11:32

Question

I am in a very difficult/complex situation, the situation is as below:<br>
Have been on H-1 for 3 + 3 + 3 + 1 years (last 4 years extended based on approved I140). Have approved I-140 with priority date of June 2010 in EB-2 category. H-1 extension was denied last year hence had to leave employer A, now I am on H-4 and will be soon filing H-1 with employer B. I have following questions on which I am requesting your opinion. <br><br>

Q1. When my priority date becomes current and if I am still with employer B, can employer A still file my I-485 and that way I can then get the EAD and join him on EAD? :<br>
Q2. Further, do I have to be working with employer A on an active H-1 visa to be eligible to file EAD when my priority date becomes current? :<br>
Q3. If question 1 approach works, can I then continue to work with employer B and employer A can process my green card in parallel. :<br>
Q4. What are the risks in working for employer B when my I140 is with employer A. Note that employer A is willing to preserve my I-140 and process green card eventually without me working for him, because he is unable to find me any projects? :<br>
Q5. I do plan to file for a new GC with employer B but worry is the priority date is likely to become current before I complete GC process with B. :<br>
Q6. Do I need to be with employer A for my wife to apply H-4 EAD based on my I-140 with A (note that currently I am with employer B).

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=893 

 

FAQ Transcript

Answer to Q1. In other words you have the intention to join both of them but you haven’t chosen yet and I think that’s quite OK as long as that intention remains and the employer’s intention remains to hire you at the present date or future date you can file a green card or even an I- 485 that’s perfectly permissible. Actually you don’t have to join them on EAD you can join them after the green card is approved as long as you have the intention to join them the green card can go forward. 

Answer to Q2. No you do not. 

Answer to Q 3. The answer is yes 

Answer to Q 4. The problem is USCIS can always question this arrangement from a common sense perspective. This type of situation has not been questioned very frequently. In my entire twenty plus years of practice of immigration law I have had only one instance out of Chicago where this issue was raised and questioned. We get a kick back from USCIS saying well you know if he wants to work permanently for this employer why is he working for the other one why did he leave and we had a very good answer. In fact being paranoid we had prepared for that and made sure we knew what the reason was and it was genuine. This company was specialized in JD Edwards ERP and JD Edwards had lost a lot of market share so the individual in question the green card employee was a senior technical person and he went to get experience in other types of ERP. He looked at SAP and he was doing work in oracle finances and applications. He was learning all these technologies and the idea was he would be able to bring it back to the employer and they would be able to expand their ERP offerings and we were able to get that green card approved without any problem. So even though he was working for another employer the prior employer got his green card approved and once the green card was approved he joined. By the way under AC21 once the I-485 has been pending 180 days you can file an AC21 without joining the prior employer. The intent to join has to remain active in your own mind till 180 days or I-485 pendency has passed.

Answer to Q 5. I think that’s OK. 

Answer to Q 6. No because the government has made it clear we just want one active I-140 we don’t care which employer it has been approved with.

Status of the H-4 EAD regulations

Authored on: Fri, 02/20/2015 - 20:22

Question

Status of the H-4 EAD regulations

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=sXq6DaDK7AA#t=93

FAQ Transcript:

This FAQ is about H-1 quota, how does H-1 quota work?

I think this is an issue important for many people.

Question: I am on L-1 A, If I get H-1B this April, is it mandatory to work from October 1st. Can I continue on L-1A and then change to H-1B when I like.

Answer: It can be done, sure. Here is how you do, when you apply for H-1, don't apply for change of status, its up to you. You can tell the employer and double check it,make sure you talk to lawyers. Just say I want an H-1 approval but I don't want change of status. That way from October 1st you don't automatically get on H-1, you stay on L-1 continue working on L-1. And whenever you are ready you can go outside, get your visa stamped and come back or apply for change of status within USA to H-1, which is like doing H-1 all over again but you are not subject to the quota. So that's how you do.  

H-4 EAD Rule

Authored on: Tue, 02/17/2015 - 01:23

Question

My spouse and I are living in different sates due to obvious work reasons. I am currently on H-1B Visa with my I-140 approved. My wife is on H-1b working as a full time employee to XYZ company. Now, with Obama's executive action particularly with H-4 EAD my wife is planning to change her visa status from H-1B to H-4 so that she can get opportunities at the place where I live (at this point of time all the companies at my place are asking her for Either Green Card or Proper Work permit without any sponsorship in order to hire her). In this regards I have 2 questions <br>
1. Would you suggest us to get H-4 approval in advance before H-4-EAD rule comes into effect or would you suggest we can file them concurrently?<br>
2. If she applies for H-4 when can she quit the job - Is it on the day of notice of application receipt from USCIS or from the day of H-4 approval?<br>

P.S: I am aware that no rule has been published yet but just wanted to get your thoughts/suggestions on this issue.

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://www.youtube.com/watch?v=xv_vI7O0d4U#t=110

FAQ Transcript

As you folks know there is a regulation that is pending for a long time and we were expecting in December that it will get finalized, published and H-4 people whose spouses are at the I-140 stage would have the right to work with an EAD. So far that is still pending; there is no news on that. Last week USCIS said that they are very close to finalizing but knowing the government I do not know what very close means. 

There is a difference between Executive action of Obama and the pending regulation for H-1 EAD. These are two different things. Right now we are waiting for the regulation that was pending to be published.  

So the answer to the question is she can quit the job on the date USCIS receives the H-1 application. If she does the H-1 application online then she can quit the same day. I would want you to wait and see what the rule looks like before you start making changes in the work authorization. if you’re ok with the idea that your wife could end up not working at all for many months then go ahead and apply for H-1 but if you do not  want to take that chance then wait until the regulations become finalized and then you can decide how you want to go about. 

Obama's Immigration Action EAD At I-140 Stage

Authored on: Mon, 11/24/2014 - 00:52

Question

I am on H-1B Visa, got my I-140 approved in EB-2 Category and waiting for the dates to get current. Based on Executive Action, shall I be given any EAD ? Or at least any other forms so that I can travel and need not go for Visa Stamping and all the additional paper work.

Answer

I have heard that there is a proposal to allow filing of I-485 at the I-140 stage, without waiting for priority dates to be current. This, if implemented, would get you an EAD as well as the right to change jobs under AC21. Unfortunately, there is no clear indication about this proposal in any government document so far. 

Employment Authorization Document (EAD)

Authored on: Tue, 11/26/2013 - 02:50

Question

What is an EAD?

Answer

What is an EAD?  

Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD), which authorizes them to work legally in the U.S. during the time the EAD is valid.  

Why does my new EAD look different than my prior one 

USCIS has enhanced the EAD with new security features to reduce fraud. This is part of USCIS’s ongoing efforts to improve the integrity of the 
immigration process. USCIS will replace EADs already in circulation with the new security enhanced EADs as individuals apply for the renewal or 
replacement of their current EAD.  

How do I know if I can get an Employment Authorization Document (EAD)? 

Whether you can obtain, or even if you need, an EAD depends upon what status you have in the United States or, many times, if you have filed or 
are filing for certain other benefits. 

 • If you are in, or want to be in, a valid nonimmigrant category, including a NATO category

• If you are an asylee or refugee

• If you have, or are filing for, Temporary Protected Status (TPS) 

• If you are filing a Form I-485, Application for Permanent Resident Status, you can apply for employment authorization at the same time you file your I-485 or at any time while your I-485 is pending. 

• If you are filing, or have filed for political asylum on Form I-589

• You may also be able to apply for employment authorization if: 

o You have been granted deferred action by USCIS or ICE, 

o You have been granted voluntary return under the Family Unity program, or 

o You are under an order of supervision issued after receiving a final order of deportation or removal from an immigration court.  

How do I apply for an Employment Authorization Document?  

To apply for an Employment Authorization Document, use USCIS Form I-765 

When should I file for an extension of my employment authorization?  

You should not file more than 120 days before the expiration date shown on your current employment authorization document; however, you 
should file 90 days before the expiration date.   

How do I get the Form I-765 "Application for Employment Authorization” (EAD)?  

The Form I-765 can be obtained by downloading it from the USCIS website at www.uscis.gov&nbsp;
 Note: E- filing may also be available on certain categories on the I-765. 

Under the “I am applying for” area of the form, there are three different blocks. Which one should I check?  

• Initial EAD (this is your first application under a specific category), 

• A Renewal EAD (an extension of previously granted employment authorization), or 

• A Replacement EAD (to replace a lost, mutilated, or destroyed EAD, or to update information, such as a name change on the EAD),  

Initial EAD  

An application for an initial EAD is one in which the applicant is filing for an EAD under a specific category for the first time. For example, if the 
applicant previously had an EAD under the Form I-765(c)(8) category and is now filing under the (a)(5) category, the application is considered an initial application because it is the first one filed under the new category (a)(5), even though they had been issued a previous card under a different category. Each applicant who is required to have an EAD must have it in their possession before they can begin working.  

Renewal EAD  

An application for a renewal EAD is one in which the applicant is filing for an extension of his/her EAD under the same category as he or she 
previously had. Except for applicants in refugee or asylee status, each person must have a valid card in their possession to be eligible to continue working. Therefore, it is important to stress that renewal EADs should be filed at least 90 days before the expiration of the old EAD in order to avoid lapses in employment. 

 Replacement EAD  

An application for a replacement EAD is filed if a card has been lost, stolen, or mutilated, or when the previously issued card contains 
erroneous information, such as a misspelled name or name change. If an application for a replacement EAD is approved, the replacement  EAD will have the same dates and category as the EAD that was lost, stolen, etc.  

Persons applying for replacement documents can present the receipt for the I-765 as evidence of employment eligibility but must produce a
valid card within 90 days of showing the receipt.  

For question 16, how do I know for which category I should apply?  

• If you are filing for Consideration of Deferred Action for Childhood Arrivals, file under category (c)(33) 

• If you are an asylee, file under category (a)(5) 

• If you are a refugee, file under category (a)(3) 

• If you were paroled as a refugee, file under category (a)(4) 

• If you were paroled in the public interest, file under category (c)(11). 

• If you are filing for Temporary Protected Status (TPS), file under category (c)(19) 

• If you have been granted TPS, file under category (a)(12). 

• If you are filing a Form I-485, Application for Permanent Resident Status, file your I-765 under category (c)(9). 

• If you are filing, or have filed for political asylum on Form I-589, please refer to Volume 4.4.3.5, Special Programs and Services before 

filing. If it appears you can file for employment authorization, file under category (c)(8). 

• You may also be able to apply for employment authorization if: 

o You have been granted deferred action by USCIS or ICE, file under category (c)(14) 

o You have been granted voluntary return under the LIFE Act Family Unity program, file under category (a)(14) 

o You are under an order of supervision issued after receiving a final order of deportation or removal from an immigration court, file 

under category (c)(18) 

o You have been granted withholding of deportation by an Immigration Court, file under category (a)(10)  

For other categories, please follow the instructions to Form I-765.  

Note: E- filing may also be available on certain categories on the I-765. 

Do I have to submit photos with the Form I-765?  

Yes, you must submit two standard passport-style photos. The photos must have been taken no earlier than 30 days prior to the date you file the
I-765. Please see the Form I-765 for the required specifications for the photos.  

Do I need to submit a “signature card,” I-765A, with my I-765 application?  

No, the signature card is no longer required as part of the filing process. 

How long does USCIS have to make a decision on my Application for Employment Authorization?  

The required times in which USCIS must make a decision on an I-765 are:  

• Ninety (90) days of receipt of applications filed under categories other than asylum-based, or  

• Thirty (30) days if filing based upon a pending asylum case and filing for an initial EAD,  

One exception to this rule is if USCIS requires additional evidence. The processing time limit is extended by the amount of time it takes for you to receive the request for evidence and respond to it. Also, the processing time is extended when a request for evidence is issued for any Form filed concurrently with the I-765.  

If USCIS has to send out a Request for Evidence, the processing “clock” stops. The maximum allowed time to submit evidence is 12-weeks. Once USCIS receives your response, the processing “clock” starts up again.  

When am I eligible for an Interim EAD? 

If USCIS does not make a decision on your I-765 within 90 days, (30 days for Asylum applicants), you may request an Interim EAD. The interim EAD can be granted for a period up to 240 days.  

Note: If the time frame for a decision on the I-765 has expired, please call our toll-free number at 1-800-375-5283.  

My I-765 was approved, but I have not received my EAD. Can I get temporary evidence of employment authorization?  

Customers who have an approved (or denied) I-765 are not eligible for an interim EAD.  

Note: If your I-765 was approved at a Service Center, but you have not received the EAD 30 days or more from the date of approval, you may be eligible for a Non-Delivery of Employment Authorization Document service request referral to the Service Center. Please call our toll-free number at 1-800-375-5283 for further assistance with this issue. 

 Can I get a Social Security card after I get my EAD?  

In most cases, you can apply for a Social Security card after you receive an employment authorization document. You will need another type of officially issued photo identification, a passport, I-94 bearing a stamp of refugee or asylee status and/ or driver’s license.  

For more information about how to apply for a Social Security card, please call the Social Security Administration at 1-800-772-1213.  

What if my EAD has incorrect information on it when I receive it?  

For help with this question, please call our toll-free number: 1-800-375-5283.  

Who is eligible for an EAD that is valid for two years?  

The two-year EAD is only available to pending adjustment applicants who are currently unable to adjust status because an immigrant visa numberis not currently available. In order to be eligible for an EAD with a two year validity period, an applicant’s I-140, Immigrant Petition for Alien Worker, must be approved. 

 When will applicants expect to receive the new two-year EAD?  

Applicants filing Form I-765 began receiving their two-year EAD after June 30, 2008. 

Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?  

Generally, no. Initial EAD filings will generally receive an EAD that is valid for one year because they are usually submitted with the Form I-485 which can only be filed when there is an immigrant visa number immediately available to the individual. Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed. If an immigrant visa number is available, USCIS will grant the one-year EAD.  

How will USCIS decide whether to issue an EAD valid for one or two years?  

USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin. If an applicant’s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years. USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant’s priority date is current.  

If I am filing for a replacement EAD, how long is the EAD valid?  

If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant’s priority date.  

Why is USCIS changing the validity period for some EADs?  

USCIS views this change as a way to better serve its customer base, and in particular, persons who are waiting to become lawful permanent residents and are impacted by the lack of immigrant visa numbers. 

 When I file Form I-765, how long will it take to receive a decision?  

You should receive a decision within 90 days (30 days for Asylum applicants) from the receipt date on your Form I-765. In some cases, an EOIR- granted asylee will receive an EAD card valid for 2 years by mail within 7 to 10 days from the day the biometrics information is received. 

Note: If you have not received a decision and over 75 days (25 days for Asylum applicants) has passed, please call our toll-free number at 1-800-375-5283 for further assistance with this issue.  

Will the new EAD affect my current valid EAD card?  

No, it does not affect your current valid EAD card and you do need to file for a new card before your current card expires.  

Why USCIS redesigned the Employment card?  

The new features of the EAD will better equip workers, employers and law enforcement officials to recognize the card as definitive proof of authorization to work in the United States.  

For more information about  EAD please visit our Blog and Podcasts and Video sections. 

Change of status from L-2 to H-4

Authored on: Tue, 11/22/2011 - 04:37

Question

I was on L-2 visa till present. I got my EAD few months back, which expires in April 2013. But I had to Adjust my Status to H-4 as my spouse's visa got changed to H-1.Can I work with my EAD as it has got validity till 2013? Is there any other way that I can work in this country?

Answer

H-4 holders can not use the EAD they received while on L-2. If you can, change to H-1.

L-2 visa and EAD processing

Authored on: Fri, 11/18/2011 - 05:53

Question

I am in USA on L2 visa and I intend to start interviewing/ working immediately. For the EAD application, do I have to apply it before I interview or does the employer apply on my behalf once they make an offer? What are the processing times for EAD? I still haven't got my SSN but have scheduled the appointment for SSN. Should I apply for EAD after the SSN is approved or soon after SSN application?

Answer

You should apply (not the employer) for the EAD ASAP. Processing times are on USCIS web site.

L-2 Visa without EAD

Authored on: Tue, 07/05/2011 - 05:13

Question

I have come here with my husband who is on L-1 visa. I have L-2 visa. What work opportunities are there if I have no EAD. Second,I have gone to the office to get SSN. But the lady there told me that I don't require that and they refused to give me.What could be the reason I didn't get that. Can I apply for EAD if I don't have SSN? I'm here in US for 6 months. I want to work as I have done my MBA.

Answer

USCIS has to issue you an EAD (apply using Form I-765) and the SSA has to issue you an SSN. Once you have your EAD, you may work anywhere in USA at any job.

Can I apply for H4 visa for spouse while on EAD?

Authored on: Fri, 07/01/2011 - 04:34

Question

My I -485 is pending since 2007, on EB3. My I-140 approved in Nov 2007. I did not for I-485 for my spouse and dependents as they were not in USA. I am working on EAD and I do not have H1B. My Question is can I apply for H4 visa for my spouse, as I am legally working on EAD? I heard that people on student visa can bring their spouse on dependent visa.

Answer

You can have them apply for H-4 only if you go to an H-1 (you can). An F-1 is difficult if you have an AOS pending.

AOS interview next week, mother in India on AP

Authored on: Wed, 06/29/2011 - 01:24

Question

I am a US citizen, had applied for my parents GC in October 2009. Mom underwent fingerprinting three times here, but did not get her AOS done in time. End of last year my father (who got his EAD and AOS smoothly) had emergency heary bypass here, and then they had to leave back for India for more tests. Mom left on AP. Subsequently I wrote a letter to NBC, MO to ask them to expedite my mothers case. Yesterday I received a letter stating that she has go to Philadelphia USCIS office next week for "Completion of application to register for Perm residence." Mom is in India now.

Answer

You need to contact USCIS customer service for guidance. Definitely put something down in writing that you are requesting a rescheduling. Maybe asking your Congressman's assistance is the best way to go for rescheduling.

NPTE license

Authored on: Mon, 06/13/2011 - 07:09

Question

After clearing the NPTE license exam do we need to go for health care worker screening or with EAD we can work?

Answer

If you already have an EAD, for instance as a derivative beneficiary, you only need to fulfill the State licensing requirements.

H1B extension or EAD

Authored on: Mon, 10/18/2010 - 00:34

Question

I am currently on my H1B extension and my employer filed a petition,I-140 under EB3 category which was approved. I cannot file for an adjustment of status at the moment so if my H1 B visa expires before I can file for the AOS in that case does my employer have to file for an extension for H1b or is it the EAD. I am confused if they are two diffrent things or one and the same. Please advise.

Answer

EAD and H-1 are two different things. You will get your EAD only after you file the 485.

Self Employed while on EAD

Authored on: Thu, 09/16/2010 - 04:45

Question

I am employed with H1-B and EAD. My wife has EAD through my petition. She is looking into working as an Independent Consultant (Self Employed). Is she allowed to be IC under EAD?

Answer

I see no issues at all with the derivative beneficiary being self-employed on EAD.

With I-485 pending can I be an investor ?

Authored on: Thu, 09/16/2010 - 04:38

Question

My 485 is pending and I am on advance parole and EAD, my employment based GC priority date date was June 2006. I want to be an investor in my friends start up company. I wont be leaving my current job but only investing in it. Should that be an issue If I dont have my GC?

Answer

I see no problem with it, especially, if you are a passive investor who takes no action to manage or conduct the business of the entity invested in.

Lost old EAD card for another OPT application

Authored on: Tue, 05/04/2010 - 05:56

Question

I am currently a PhD student and preparing for application for OPT. Previously in 2004 upon earning BS degree, I got OPT and worked for a summer. In preparation for a new OPT, I realized that I need to provide copy of front and back of the previous EAD card. However, I cannot find the card. I just found copy of I-765, I-94, and I-20 for the previous OPT.If I submit without copy of the previous EAD card, will I be likely to be denied for the new OPT?
Also, what is the safest way to deal with this situation.

Answer

First, discuss the possible solutions with your international students office. Second, call USCIS customer service and ask for solutions. Third, provide whatever you have with a full explanation to USCIS when filing the new OPT.

EAD-AC21-Self Porting

Authored on: Tue, 04/27/2010 - 01:38

Question

I have EAD/Pending AOS. I ported to employer B based on AC21 in 2008.
Now i am considering a great opportunity:
-Joining S corporation in Florida
_I will receive similar hourly rate as prior employer
-similar job
-i will receive 40% of profits on top of salary
-the new corporation will be my fututre full time job
Does the new corporation have to be huge with lot of finances for me to use the AC21?
I have valid EAD can I join as a partner in the S corporation in Florida?
Any thoughts things i,ve to carefull with?

Answer

Very little is clear about self-porting. Read the Yates Memo of May 2005. It seems you should be fine as long as the jobs are same or similar, but like I said, not much is known about this issue.

L2 EAD Renewal based on I -94

Authored on: Thu, 04/08/2010 - 16:28

Question

Below are the validity dates of my L2 Visa,I-94& EAD:

L2 Visa Expiration Date: 18JUL2010
I-94 : 06MAY2011
EAD expiration date: 02OCT2010
I would like to apply for EAD renewal on June 4th, 2010 [120 days before EAD expiration]
Since I & my husband have I-94 valid till May 2011, my husband's company is planning to extend L1/L2 visas next year. Will my EAD renewal process have an impact with L2validity? As per my understanding, since I would remain on valid L2 visa after 18 July,2010 for 7 months[till I-94 expiration] can I renew my EAD without necessarily extending my L2visa.

Answer

Visa is irrelevant for status in USA. Look to your I-94 only. I dont see why you cannot renew EAD till I-94 validity. Since this matter is important, do double check with the company lawyers.

L2 visa and EAD

Authored on: Thu, 04/08/2010 - 16:16

Question

My husband's employer are busy with a L1 / L2 application for our family. My husband will go to the US (in June) on his L1 visa, 2 months before me and the children, since I have to wait for them to finish their school year in July. We will join him end of July. When he goes over in June ... Can he
1) apply for my SS number
2) hand in the forms for my EAD
without me being in the country, or does that have to wait till August when I arrive?

Answer

As far as I know, you will have to be here. Nothing can be done before that.

When can I apply for EAD?

Authored on: Tue, 03/23/2010 - 05:01

Question

May be a newbie question, I'm from india and I just got my I-140 approved in EB2, Can i file my I-485 as pending or do i need to wait for the date to be current. Is there any way to get EAD so that my spouse can also work?

Answer

This is a newbie question. :-) I-485 cannot be filed till PD is current and EAD cannot be obtained until I-485 is filed. H-1 is one obvious way for her to work.

Pending I-485 and marraige

Authored on: Mon, 03/08/2010 - 07:17

Question

Currently My I-485 is pending and I-140 is approved last Year (2009) january My PD 05/29/2007. I am working using my EAD and change my job last year I don't have my H1B. I filed my I-485 as single, but I will get married to my Girlfriend (Germany). She come here Last November with waiver visa (stay up 90days),
Now she is thinking to come back using F1 visa a students instead re-entry using waiver visa which she can't change her status anyway). If I get married, can I put her name under my petition (file I-485 for her) ? and apply EAD also with her Travel documents ?

Answer

If your priority date is current, you can file her AOS as long as she is legally in the US. I just have an issue with using F-1 visa to accomplish this purpose. Please consult with a lawyer about the details.

F1 and OPT Expired but 60 days not up

Authored on: Thu, 03/04/2010 - 05:52

Question

I have a Bachelors degree and a Masters degree from the US. My EAD from my masters degree recently expired and the 60 days is almost up. I dont want to go back to school or go back to my home country. If i do find an employer willing to file for a green card based on EB2, will have to go back to school to maintain my status while the green card is in process or will my status change once the paper work is turned in?

Answer

This is a common misunderstanding. Starting a PERM-based green card does not give you the right to stay in USA.

AOS and EAD

Authored on: Mon, 03/01/2010 - 06:33

Question

I have been in AOS since Sep 2007. I have a EAD and now a new opportunity hit the door to move to another company, same functions but much better pay, arounf a 40% increase. I also got married to a US citizen. My dilema now is should I take the job? my actual employeer may get angry, so could he do something to screw my case? should I re-apply through a spouse? is something the new employer can do so I can be safe? I don't want to bother new employer, but could he eventually at least help so I can keep my actual status until AOS is approved.

Answer

It looks like you have several options. Once 180 days of AOS pendency are over after I-140 approval, usually employers cannot hurt you. Speak with a lawyer.

EAD restriction for 245i

Authored on: Fri, 02/26/2010 - 07:05

Question

I applied for GC through 245i. I currently have a valid EAD. I140 approved. and I485 pending. Its for future employment. Can I work for a non related (not related to my labour) until my 485 is approved?

Answer

Theoretically, there is nothing wrong with that, but speak with your lawyers. In my view, not working for the future employer raises issues like is there a job, do you really want to work for this employer, etc.

EAD - Job title change on the same job

Authored on: Tue, 01/19/2010 - 04:35

Question

My wife and I am on EAD and also both have H1B (I am in my 8th year of H1B and wife is in 5th year as teacher). Our EAD is based upon my job in EB3 category in IT as System Analyst/Administrator, my priority date Aug'2003. Last year I have completed MBA in Finance and can now work as a Project manager within the same company. Can I change my title to Project Manager or IT Manager and also can I change my profile now to work in Investment Company or any other non-IT field in the same company I am already working. As these delay of getting green card are actually causing problem in my career.

Answer

If you change your field/job description, it is very likely that you have to start your green card all over again. You should be able to carry the same priority date, but the PERM/I-140 may have to be done again.