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Losing Employment When On Ead: Ron/others Please Advice

Discussion in 'AC 21 I-140 Portability' started by general101, Jul 12, 2016.

  1. general101

    general101 New Member

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    Current status: EB2-I 485 filed 2 years back, I have an EAD till late 2017. (I also have a H1B valid for same duration)

    Due to certain personal reasons, I am in a situation where I may have to immediately quit my current employer who has filed my GC process/485 (will resign, not being laid off) and I have look for a new employer/job.

    - What happens to my EAD status if I lose employment for a certain period while on EAD? I will be actively looking for a job but obviously need to account for some down time when I will not have an active employer. Is there a time limit before which I need to get employment to maintain the EAD status/keep my I-485 process alive? Also I will be using EAD to move and not H1B as it will offer lesser flexibility.

    - I understanding AC21 is recommended. Is this something which I personally file once I find a new job? (does it require anything more than a job offer from new employer).

    - If old employer withdraws I-140, does it affect me in anyway (I assume no but want to confirm).

    - My wife has an EAD through me and is currently working. What happens to her EAD if I quit and do have a job for a certain period?

    Any advice ASAP is appreciated.

    Thank you.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    First, take a deep breath and stop worrying. You are allowed to take time off from work. You must have a job offer in the same or a similar occupational classification when your priority date becomes current. Otherwise, take a vacation.
     
    hkumar.ven and Santy like this.
  3. general101

    general101 New Member

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    Thanks a lot Ron. Appreciate the quick response. To confirm:

    - My EAD validity and status remains unchanged when I am without a job for "x" days? What about my wife's EAD obtained through me? Assume from your answer that there will be no issues with that also?

    - If I end up contracting a few months at a time, will I be able to file an EAD extension by myself without being tied to an active employer at the time of renewal?

    - Do you recommend filing H1B with new employer even though I have EAD? If there any specific advantage to that? (though I wish to avoid it since moving jobs on EAD is easier)

    Sorry for the additional questions! Thanks again.
    -

    Thanks,
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Your EAD will not be valid beyond its expiration date. Your status will remain valid, however.
     
  5. general101

    general101 New Member

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    Ron, I just wanted to follow up on this earlier question. I have to quit my current employment in next few days due to personal reasons. My EAD is valid till Sep 2017 and my PD is Dec 2008. I do not expect my PD to get current anytime in next 3 months. While I am hoping to get a job before PD becomes current, I just want to make sure I understand some worst case scenarios. I APPRECIATE YOUR QUICK INPUT ON THE BELOW.

    1) If my PD gets current for example in Jan-Feb 2017 and if they don't ask for any employment verification letter through RFE - would they simply issue the GC? (is that even possible)

    2) If my PD gets current for example in Jan-Feb 2017 and they ask for employment verification letter through RFE and if I DON'T have a job offer at that time:

    - Would my I-485 simply get rejected? And my EAD would immediately stand cancelled? (though it is valid till Sep 2017)

    - Even though we filed for wife as dependent on my I-485, she also has an approved I-140 with 2010 PD through her employer and her employer will be willing to file I-485/GC when the time comes. Can we fall back on her GC application if mine is rejected as mentioned above?

    - Also what will happen to my legal status to work if No.2 happens?
     
  6. Greeeeencard

    Greeeeencard Guru

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    1)Possible
    2) Yes, but you will get time to respond to RFE, if I-485 gets denied, EAD is void the next moment.
    -Your wife's GC is seperate but you would need valid status to stay in the country if AOS is denied.
    -If No.2 happens, you have to leave immediately, if you have already abondoned your H1B status.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If your application has been on file for less than a year, they will likely approve it without an RFE. If it has been on file for more than a year, they will issue an RFE for a new medical exam and proof of employment. You will have 87 days to reply.
     
  8. leo1476

    leo1476 Junior Member

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    While one's AOS is pending, why doesn't that in itself give one the permission to work? I can understand that travel may be a different matter, but if you have the permission to remain in the US during the AOS, the permission to work should be part of that. This will save so much of our and the government's time since we have to file the I-765 every (or every other) year.
     
  9. Greeeeencard

    Greeeeencard Guru

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    "Being eligible to stay" and "being eligible to work" are 2 different things as per US immigration unless you have a permanent residency visa aka GC.

    For exampl,e if you have a petition (eligibility to work) valid until June, 2017, and an I-94 (eligibility to work) valid until Dec 31st, 2017, then you will be only eligible to work until June 2017, but will be able to stay until Dec 31st, 2017.

    It is like you are not occurring Illegal presence during AOS pending state but you don't maintain a non-immigrant status either. I am sure you are aware of the fact that if AOS is denied, it is effective retroactively from the date of filing(unfortunately). That is the reason many people want to maintain a valid NI status while AOS is pending.
     
  10. Greeeeencard

    Greeeeencard Guru

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    Sorry, an I-94 (eligibility to stay, not work)
     
  11. leo1476

    leo1476 Junior Member

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    Is the AOS is denied, but if you had work authorization (EAD) all along, you haven't worked "illegally" right?

    Thanks for clarifying the difference. I just wish the process were quicker. It often takes over 100 days to get an EAD renewed.
     
  12. Greeeeencard

    Greeeeencard Guru

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    No, if you have EAD, then not. But again, you don't maintain Non-Immigrant status, so you need EAD to work, AOS pending is just for staying, not working.
     

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