Jozef

Hi all,

My spouse has been sponsored an I-140 petition and we have also filed I-485
applications for the whole family.
I know that once her I-485 has been pending for 90 days she can try to get
an interim EAD at our local BCIS office.
My question: is she allowed to work for the sponsoring company on this EAD
before her I-140 has been approved?

I have to say that I haven't come across this particular situation yet and I
have been monitoring the immigration newsgroups for a while now!

Thanks,

Jozef

Ingo Pakleppa - See Web Site For Email

On Tue, 02 Sep 2003 07:27:40 +0000, Jozef wrote:

    > Hi all,
    >
    > My spouse has been sponsored an I-140 petition and we have also filed
    > I-485 applications for the whole family.
    > I know that once her I-485 has been pending for 90 days she can try to
    > get an interim EAD at our local BCIS office. My question: is she allowed
    > to work for the sponsoring company on this EAD before her I-140 has been
    > approved?

Yes. The I-140 has not nothing to do with the EAD validity. The question
is whether she'll get the EAD, although my guess is, yes. BCIS policy
seems to be that they don't issue the EAD until the I-140 is approved, but
I don't think this applies to the interim EAD.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.

Jozef

"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news[email protected]...
    > On Tue, 02 Sep 2003 07:27:40 +0000, Jozef wrote:
    > > Hi all,
    > >
    > > My spouse has been sponsored an I-140 petition and we have also filed
    > > I-485 applications for the whole family.
    > > I know that once her I-485 has been pending for 90 days she can try to
    > > get an interim EAD at our local BCIS office. My question: is she allowed
    > > to work for the sponsoring company on this EAD before her I-140 has been
    > > approved?
    > Yes. The I-140 has not nothing to do with the EAD validity. The question
    > is whether she'll get the EAD, although my guess is, yes. BCIS policy
    > seems to be that they don't issue the EAD until the I-140 is approved, but
    > I don't think this applies to the interim EAD.

Thanks Ingo. Now for the twist (I know this will look really weird!):
nobody's really anxious for her to start this job - I mean, we don't really
need it! So the new question is, what would BCIS say if she doesn't jump and
get an interim EAD and start working?

Jozef

    > --
    > Remember, I am strictly a layperson without any legal training. I
encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    > Please visit my new FAQ at http://www.kkeane.com (always under
construction)
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    > Now with new photos! Please feel free to enjoy some of my photographs at
my
    > new Web site http://www.ingopakleppa.com ! Comments are welcome.

Ingo Pakleppa - See Web Site For Email

On Wed, 03 Sep 2003 00:21:21 +0000, Jozef wrote:


    > "Ingo Pakleppa - see web site for email" <[email protected]> wrote in
    > message news[email protected]...
    >> On Tue, 02 Sep 2003 07:27:40 +0000, Jozef wrote:
    >> > Hi all,
    >> >
    >> > My spouse has been sponsored an I-140 petition and we have also filed
    >> > I-485 applications for the whole family. I know that once her I-485
    >> > has been pending for 90 days she can try to get an interim EAD at our
    >> > local BCIS office. My question: is she allowed to work for the
    >> > sponsoring company on this EAD before her I-140 has been approved?
    >> Yes. The I-140 has not nothing to do with the EAD validity. The
    >> question is whether she'll get the EAD, although my guess is, yes. BCIS
    >> policy seems to be that they don't issue the EAD until the I-140 is
    >> approved, but I don't think this applies to the interim EAD.
    > Thanks Ingo. Now for the twist (I know this will look really weird!):
    > nobody's really anxious for her to start this job - I mean, we don't
    > really need it! So the new question is, what would BCIS say if she
    > doesn't jump and get an interim EAD and start working?

They are going to come and hug and kiss her ;-) No interim EAD means less
work for them. Other than that, there is no law that REQUIRES that she
works. It's an Employment Authorization Document, not an Employment
Requirement Document.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.

Jozef

"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news[email protected]...
    > On Wed, 03 Sep 2003 00:21:21 +0000, Jozef wrote:
    > > Thanks Ingo. Now for the twist (I know this will look really weird!):
    > > nobody's really anxious for her to start this job - I mean, we don't
    > > really need it! So the new question is, what would BCIS say if she
    > > doesn't jump and get an interim EAD and start working?
    > They are going to come and hug and kiss her ;-) No interim EAD means less
    > work for them. Other than that, there is no law that REQUIRES that she
    > works. It's an Employment Authorization Document, not an Employment
    > Requirement Document.

Thanks Ingo - what you say makes perfect sense, as usual!
I do assume that once her I-140 has been approved she shouldn't wait too
long to start working this job otherwise her (and ours!) AOS process may be
in jeopardy.
But since her petition was filed in the 'black hole' (TSC) it will take a
while before we have to worry about that!


    > --
    > Remember, I am strictly a layperson without any legal training. I
encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    > Please visit my new FAQ at http://www.kkeane.com (always under
construction)
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    > Now with new photos! Please feel free to enjoy some of my photographs at
my
    > new Web site http://www.ingopakleppa.com ! Comments are welcome.

Ingo Pakleppa - See Web Site For Email

On Wed, 03 Sep 2003 16:40:26 +0000, Jozef wrote:

    >
    > "Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
    > news[email protected]...
    >> On Wed, 03 Sep 2003 00:21:21 +0000, Jozef wrote:
    >> > Thanks Ingo. Now for the twist (I know this will look really weird!):
    >> > nobody's really anxious for her to start this job - I mean, we don't
    >> > really need it! So the new question is, what would BCIS say if she
    >> > doesn't jump and get an interim EAD and start working?
    >> They are going to come and hug and kiss her ;-) No interim EAD means less
    >> work for them. Other than that, there is no law that REQUIRES that she
    >> works. It's an Employment Authorization Document, not an Employment
    >> Requirement Document.
    >
    > Thanks Ingo - what you say makes perfect sense, as usual!
    > I do assume that once her I-140 has been approved she shouldn't wait too
    > long to start working this job otherwise her (and ours!) AOS process may be
    > in jeopardy.
    > But since her petition was filed in the 'black hole' (TSC) it will take a
    > while before we have to worry about that!

For some reason, I didn't realize that it was HER I-140. USCIS has
recently issued new guidance about such situations and portability. See
http://www.visalaw.com/03sep1/2sep103.html for more information.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.

Jozef

"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news[email protected]...
    > On Wed, 03 Sep 2003 16:40:26 +0000, Jozef wrote:
    > >
    > > I do assume that once her I-140 has been approved she shouldn't wait too
    > > long to start working this job otherwise her (and ours!) AOS process may
be
    > > in jeopardy.
    > > But since her petition was filed in the 'black hole' (TSC) it will take
a
    > > while before we have to worry about that!
    > For some reason, I didn't realize that it was HER I-140. USCIS has
    > recently issued new guidance about such situations and portability. See
    > http://www.visalaw.com/03sep1/2sep103.html for more information.

Thanks - I had read about these new regulations on
http://www.murthy.com/UDportme.html

The article on visalaw.com you're referring to states it a bit differently:

"10. Does the BCIS require that the alien be employed until permanent
residence is authorized?


There is no requirement in statute or regulations that a beneficiary of a
Form I-140 actually been in the underlying employment until permanent
residence is authorized. Therefore, it is possible for an alien to qualify
for the provisions of §106(c) of AC21 even if he or she has never been
employed by the prior petitioning employer or the subsequent employer under
section 204(j) of the Act. "



This means that she would not have to work that job ever! The company that
sponsored the LC and I-140 petition has seen a drop in business and does not
have a dire need for her services anymore. They would still take her, but
it's up to her really.
So all that is needed at AOS time is proof that she wouldn't be a public
charge, which shouldn't be a problem if I earn enough.

However, as stated in the article on murthy.com:

"... while this Memo recognizes the fundamental immigration concept that the
green card process is for a future job offer, it points out that there must
be a bona fide job offer in all cases. Since a bona fide job offer is
necessary throughout the process, it may be necessary to establish this at
some point to the satisfaction of the BCIS examiner. There is no better
proof of the bona fide nature of a job offer than the adjustment applicant
actually working for the sponsoring employer in the offered position, at the
earliest possible stage of the case. "


I give up! :-)


    > --
    > Remember, I am strictly a layperson without any legal training. I
encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    > Please visit my new FAQ at http://www.kkeane.com (always under
construction)
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    > Now with new photos! Please feel free to enjoy some of my photographs at
my
    > new Web site http://www.ingopakleppa.com ! Comments are welcome.

Manish

BCIS RECENT AC21 MEMO 180 days

http://www.lianglaw.com/INS/2003/081103-485-180days.pdf

Jozef

"Manish" <[email protected]> wrote in message
news:[email protected]...
    > BCIS RECENT AC21 MEMO 180 days
    > http://www.lianglaw.com/INS/2003/081103-485-180days.pdf

Thanks Manish! Hadn't seen the original thing yet.