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Multiple Jobs On Ead/ Changing To New Employer

Discussion in 'I-140 job portability' started by 4bu123, Mar 31, 2015.

  1. 4bu123

    4bu123 New Member

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    Hi Ron,

    I am new to this blog and hoping to get some answers

    I have been working on EAD for last 2 years. Its been more than 2 years that my I 140 is approved. My I 485 is pending for last 2 years and sponsored by Company A.

    I am working with my GC Sponsoring Company A full time 40 hours as of now on W2. I got an offer from Company B to work part time on 1099.

    Question 1
    Can I do 2 jobs on EAD?. One on W2 with my GC sponsoring Company and the other with Company B on 1099?
    Will working on 1099 with Company B and working on W2 (with GC sponsoring company) will affect my GC process?

    Question 2
    If I plan to invoke AC21 to move to a new employer, how soon should I submit the new employment information to the USCIS? Do I need to submit the new employment information to USCIS before the previous employer revokes the I 140?

    Thanks in Advance
    4bu123
     
    Last edited: Mar 31, 2015
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You may work for as many employers as you wish. You do not have to report anything to the USCIS until they ask.
     
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  3. 4bu123

    4bu123 New Member

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    Thanks a lot Ron for the quick reply. One more question. Just to make it more clear to myself. I do not need to report to USCIS even in case if my employer revokes the approved I 140? I ask this because I read the below somewhere

    'In case the GC sponsoring employer revokes the approved I 140 (pending after 180 days), and I do not report the new employment details to USCIS , the USCIS will know that the underlying I 140 has been revoked and USCIS generally issues a 'Notice of Intent to Deny' '

    Is the above true?

    Thanks again
    4bu123
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You are under no legal obligation to report a job change to the USCIS. You may if you wish, but this often invites complications that shouldn't happen. For example, some USCIS adjudicators, upon notification of a job change, will issue an RFE asking for the new employer's ability to pay the offered wage from the filing of the PERM until today. They have no legal right to do this, but they still do it.
     
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  5. 4bu123

    4bu123 New Member

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    Gotcha. I guess I got a clarity now. Thanks you so much for your time and advice. I really appreciate it
     
  6. 4bu123

    4bu123 New Member

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    One last question

    Is working on 1099 as opposed to W2 with my GC sponsoring employer will affect my pending I 485 GC process?
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    At this point in your case, it doesn't matter.
     
  8. 4bu123

    4bu123 New Member

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    Sounds Good. Thanks Ron
     
  9. 4bu123

    4bu123 New Member

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    I did not plan to ask this in this thread but you been so quick and patient with replies that I could not resist to ask this ever confusing question.

    A person has H1B with Company A and EAD too. He/she decides to work on EAD. Will H1B becomes invalid if he/she uses EAD? In case the pending I 485 is denied or not approved, can he/she go back to H1B for working with the same Company A?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If the applicant has otherwise maintained status and not traveled using advance parole - yes.
     
  11. 4bu123

    4bu123 New Member

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    Gotcha. Thanks a lot again Ron
     

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