PeterFrank

Hi

Grateful for some advice

I am waiting for my I 485 AOS and its taking rather a long time. For GC.

I am working on an EAD.

I would like to either change job or setup a small business.

Does anyone know the dos and donts I cannot ask the lawyer as she works for my current business?

Thinking I cannot just leave myself unemployed and stay here. Also thinking I can't take just any job and complete my GC.

All help gratefully received.

Noorah101

Is your employer sponsoring your AOS? Or are you married to a USC?

Rene

PeterFrank

Yes it's an employment based application. No marriage to USC.

Noorah101

So you are here through a sponsoring employer, maybe an H visa, or L visa, and your employer is now sponsoring your AOS.

But you also said you are working on an EAD.

That doesn't add up. If you are still employed by your sponsoring employer, then you aren't working on an EAD.

Can you clarify more clearly what your scenario is?

Rene

PeterFrank

Sorry for the lack of detail. I was on an L1 which ran out. During my i140 and i485 I applied for EAD. I am using it.

S Folinsky

Consult with an independent immigration lawyer. You want to talk about "job portability." It may be available, or it may not be -- depends on the facts and procedural posture of your case.

Good luck.

tht

I never used mine, but I was under the impression I could have used my AP and EAD to enter the US and work for any employer (including my L1 sponsor) even while I had my valid L1. Was not aware this was not allowed.

Noorah101

It could very well be allowed. I don't know. I didn't think of that scenario.

Rene

PeterFrank

Thanks everyone. I am going to fork out for alternative professional advice.

off_again

Just been through the same situation - I had my I-140 approved but the I-485 was pending for ages! The EAD was granted but was due to run out in July, so while I was still on a valid L1 Visa, it was getting close!

Thankfully the I-485 was approved and everything is done, but I did seek some advice on this (my lawyers and some independent ones) around this. Basically the advice was consistent, so thats good - its a case by case situation, but being on an EAD means you have the right to work anywhere. However, with an I-485 pending, you would need to renew your EAD up to 6-12 weeks BEFORE it expires. It could be turned down, but the lawyers seemed to think that was unusual and rare - mainly because the US gov wants your taxes while they do things, so you might as well work! The I-485 isn't likely to get processed any faster, but they are likely to extend the EAD to cover the judgement time. However, if they turn you down on the I-485, there are issues as the EAD probably won't be renewed and then you are on a countdown clock - thats when it gets expensive.

Filling an extension to the EAD is pretty easy, though I would recommend a lawyer for that though - that way they can make sure they fight for your case and maybe even move the needle forward.

ian-mstm

I'm sure that's the story lawyers give, but the truth has nothing to do with tax money. The only reason an EAD will be denied, is if you weren't eligible for it in the first place. In other words, if you apply for it, you will get it.


The EAD is valid only as long as the I-485 is processing. If the I-485 is denied, the EAD becomes immediately invalid and you must stop working immediately.

Ian

off_again

Not that it matters for me, but thats not what the lawyers said to me! Thats a worry!!! They indicated that regardless of the I-485 status, the EAD was valid for a period of time - its expiry date.... now that could have caused a lot of problems! Thankfully its fine, but worried that a lawyer would give slightly incorrect advice!