Staying with EAD after job loss!
Dec 6th 2002, 7:58 am
#1
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Joined: May 2002
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Staying with EAD after job loss!
I just received an email from a freind asking for some advice, I have no idea any of you got any advice?
"I have a friend that has been working in America for the past 5 or 6 years and is in the process of getting her Green Card. She is waiting on your Employment Authorisation Document to come through but has been told that she has to stay working for the same company for at least 180 days after she gets her EAD card. The problem is that she has now been told that her job at Enron finishes in Feb 2003 which means that her EAD card will be void (well so she has been told). We are not sure what she can do, as she really wants to stay in America. She is trying to talk to some lawyers what they all want $200 an hour. Do you have any idea what she can do (baring in mind she doesn't have a 4 year degree, but she does have over 12 years work experience (she is 37) but as an executive assistant."
Patrick
"I have a friend that has been working in America for the past 5 or 6 years and is in the process of getting her Green Card. She is waiting on your Employment Authorisation Document to come through but has been told that she has to stay working for the same company for at least 180 days after she gets her EAD card. The problem is that she has now been told that her job at Enron finishes in Feb 2003 which means that her EAD card will be void (well so she has been told). We are not sure what she can do, as she really wants to stay in America. She is trying to talk to some lawyers what they all want $200 an hour. Do you have any idea what she can do (baring in mind she doesn't have a 4 year degree, but she does have over 12 years work experience (she is 37) but as an executive assistant."
Patrick
Dec 7th 2002, 12:18 am
#2
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Posts: n/a
Re: Staying with EAD after job loss!
"Patrick" wrote in message
news:[email protected]...
> I just received an email from a freind asking for some advice, I have no
> idea any of you got any advice?
> "I have a friend that has been working in America for the past 5 or 6
> years and is in the process of getting her Green Card. She is waiting on
> your Employment Authorisation Document to come through but has been told
> that she has to stay working for the same company for at least 180 days
> after she gets her EAD card.
No. The I-485 must remain unadjudicated for at least 180 days, and she must
take a new job in the same or similar occupational classification. To be
safe, I think she should be working in this new job before the I-485 is
approved.
Any other restrictions are really guesses. No one knows exactly how INS
will handle this.
The problem is that she has now been told
> that her job at Enron finishes in Feb 2003 which means that her EAD card
> will be void (well so she has been told).
Under the terms of "portability" in adjustment of status, I do not think
there is a basis to claim that the EAD is void. No regulations have yet
been issued.
The 180 days is measured from the I-485 filing date, not the EAD approval
date. See http://shusterman.com/s2045txt.html, section 106(c). See also
http://www.usvisanews.com./memo1339.pdf, section F.
We are not sure what she can
> do, as she really wants to stay in America. She is trying to talk to
> some lawyers what they all want $200 an hour. Do you have any idea what
> she can do (baring in mind she doesn't have a 4 year degree, but she
> does have over 12 years work experience (she is 37) but as an executive
> assistant."
She should line up a new job as an executive assistant, and she should
probably start the new job and write a letter to INS after the 180 days have
passed. It would probably be a good idea to run the letter past a good
immigration attorney.
news:[email protected]...
> I just received an email from a freind asking for some advice, I have no
> idea any of you got any advice?
> "I have a friend that has been working in America for the past 5 or 6
> years and is in the process of getting her Green Card. She is waiting on
> your Employment Authorisation Document to come through but has been told
> that she has to stay working for the same company for at least 180 days
> after she gets her EAD card.
No. The I-485 must remain unadjudicated for at least 180 days, and she must
take a new job in the same or similar occupational classification. To be
safe, I think she should be working in this new job before the I-485 is
approved.
Any other restrictions are really guesses. No one knows exactly how INS
will handle this.
The problem is that she has now been told
> that her job at Enron finishes in Feb 2003 which means that her EAD card
> will be void (well so she has been told).
Under the terms of "portability" in adjustment of status, I do not think
there is a basis to claim that the EAD is void. No regulations have yet
been issued.
The 180 days is measured from the I-485 filing date, not the EAD approval
date. See http://shusterman.com/s2045txt.html, section 106(c). See also
http://www.usvisanews.com./memo1339.pdf, section F.
We are not sure what she can
> do, as she really wants to stay in America. She is trying to talk to
> some lawyers what they all want $200 an hour. Do you have any idea what
> she can do (baring in mind she doesn't have a 4 year degree, but she
> does have over 12 years work experience (she is 37) but as an executive
> assistant."
She should line up a new job as an executive assistant, and she should
probably start the new job and write a letter to INS after the 180 days have
passed. It would probably be a good idea to run the letter past a good
immigration attorney.
