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Priority Date Transfer

Discussion in 'AC 21 I-140 Portability' started by Pranjal, Jan 28, 2015.

  1. Pranjal

    Pranjal New Member

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    Hi Jim, below is the scenario

    - I am a biotech major, with bachelors, working on H1B
    - I have my I-140 approved, in EB3 Category
    - Planning to do Masters in a totally different sector, in Information Technology.

    Questions:

    - Considering I get my EAD while I am doing my masters, can I transfer my existing EAD to new sector and transfer myself to EB2 category, once I have a master's degree in STEM area?
    - If I get EAD and go full time in my masters, will i be able to keep my EAD or it will dissolve?
    - Can I full time on F1 and later on come on my spouse's EAD?

    Please advise.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I'm confused. How will you qualify for an EAD while you are going to school? CPT?
     
  3. Pranjal

    Pranjal New Member

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    I'm planning to attend school part time and work full time.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    How did you get an EAD?
     
  5. Pranjal

    Pranjal New Member

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    Through my job.
     
  6. Pranjal

    Pranjal New Member

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    I'm currently working, below is the scenario

    - I am a biotech major, with bachelors, working on H1B
    - I have my I-140 approved, in EB3 Category
    - Planning to do Masters in a totally different sector, in Information Technology.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I'm missing something here. You don't get an EAD as part of the H1B process. What was the legal basis for the issuance of the EAD?
     
  8. Pranjal

    Pranjal New Member

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    I am considering the fact if my current priority date becomes current or President Obama's executive action comes into play and everyone with an approved I-140 get an EAD. Based on that, if I'm of employment based EAD from my current job and move to new employer with completely different job profile, will I be able to keep the EAD?
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Once you file for adjustment of status, the clock starts. 180 days later, you may change jobs/employers, as long as you stay in the same basic field. You won't need a new EAD if you change jobs.
     
  10. Pranjal

    Pranjal New Member

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    Yes, that is what I'm planning, to completely change my job profile, to switch my job sector. Would I be able to keep my ead on that case? What would be your expert suggestion in this scenario because I don't want to continue in my current field and have to change it. Will I have to start the whole green card process from scratch if I'm changing my working industry on EAD?
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You would have to remain in the same or similar occupational classification.
     
  12. Pranjal

    Pranjal New Member

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    What would be choices if I want to switch my job specialization?
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Get a new PERM for the new job.
     

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