EAD

Description

Employment Authorization Document is a general term describing the documentation which evidences a person's right to work. EAD's are given during many statuses and processes such as A , E, F-1 visa, G, J-2, K, L-2 etc. and adjustment of status.

Sponsoring Employment-Based immigration petition for Self-Employment: EB-2 or EB-1 I-140

Question details

I have an EB3 I-140-based EAD currently. If I set up a software firm for myself, can I sponsor EB2 or EB1 I-140 for myself? The main reason why I want to sponsor myself is I would not be under the constant fear that my employer may withdraw my I-140 for one or other reason. I will be able to work for myself. Is there any rule that stops me from filing an employment-based immigration petition for myself?

 

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FAQ Transcript

The answer is largely No, except under limited EB-1C circumstances.

USCIS Provides Guidance on Employment Authorization Documents Based on Compelling Circumstances

Release Date 

U.S. Citizenship and Immigration Services today released policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents (EADs) in compelling circumstances based on existing regulatory requirements at 8 CFR 204.5(p).

For an applicant to be eligible for an initial EAD based on compelling circumstances, they must meet the following eligibility requirements:

Potential visa complications for an H-1B visa holder due to past employment with a blacklisted company and alternatives for obtaining an H-1B stamp

Question details

I came to the US in Aug 2015. Completed masters in 2017. Started OPT on 07/2017. When applying for OPT EAD I joined employer AZTech Technologies. I joined as an intern and was there for like 4 months. He responded for 2 months during training, after a couple of months employer did not respond at all. I got a doubt and found another job and moved to a different company. Later I got an H1B and I 140 approved. I am planning to go to India this August 2023. Recently I found out through social media that the company I joined in the initial stage of OPT EAD was a black listed company. Most people who joined those similar companies' visas got rejected when they went for stamping. I am going for H1B stamping. Will there be a problem in my case? Could you please advise me in this case? In an emergency situation, I need to go to India. I heard from some friends and social media groups out of my research that I can go get stamping done in other countries and then travel to India and can be back to the US. 

 

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FAQ Transcript

Firstly, it is crucial to be truthful and transparent about your employment history. Attempting to hide or misrepresent any information can have serious consequences. If there is misrepresentation in your background, it is possible that you may be barred from entering the United States permanently. Unfortunately, there may not be much we can do to change that outcome.

It is advisable to consult with an immigration attorney who can assess your specific circumstances and provide personalized advice based on the current immigration laws and regulations.

 

Recording for March 23, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

Immigration Law

Discussion Topics - March 23, 2023

FAQs: Handling H-1B visa and layoff : What happens if I get laid off before or after stamping my visa in India? || Marriage and relocation to the U.S. : Quickest path for prospective fiancé of U.S Citizen living in India || AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days || What to do if one is in India during the PERM and I-140 process ||

Laid off on I-485 AOS AC21

Nonimmigrant Visas

Immigration Law

AC21, Adjustment of Status laid off related questions, including the following and more:

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Question: When applying for new jobs, do I need to ask for a new H-1B, or can I work using my current EAD and change employer?

Answer:  You can go ahead and join with the EAD but keep the future plan of reactivating your H-1B. 

Question: Like H-1B after termination, is there a 60-day rule? Does that rule apply to me also, even though I have an EAD?

Will having EAD cards or petition approvals with gaps in the start and end date cause an issue?

Question details

I recently renewed my green card EAD; the first EAD card expired on 04/2019. I had filed for renewal before the expiration. The USCIS provided a 540-day auto-extension based on the renewal application. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023.

The new card is valid from Jan 2023 till Jan 2025. Will having EAD Cards with gaps in the start and end dates cause an issue?

 

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FAQ Transcript

Gaps are normal. If the gap is abnormal it is wise to discuss it with your lawyers to ensure that there are no potential problems or risks.

Recording for February 23, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

Immigration Law

Discussion Topics:

FAQs: H-1B visa cap exemption - How does the 6-year rule work? || Will having EAD cards or petition approvals with gaps in the start and end date cause an issue?|| H-1B visa layoff options - Going to home country and applying for jobs, going through the lottery again, documents required to apply for a new visa to explain missing pay stubs and the contents of the documentation for termination contract sent by the company to the USCIS