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Thread: EAD - Options

  1. #1

    EAD - Options

    Hello Dear Gurus,
    Looking at the snail speed EB2-India is moving, my EB2 PD of Mar-2009 looks years away. I am kind of stuck in a situation and would highly appreciate if someone having experience with such situation or someone having information could help me out.

    GC: is always for a future job
    Supp J: I will send only if USCIS sends me a RFE
    Current employer: supported in filing AC-21 when USCIS last sent RFE to me in 2016. And hopefully, they would happily fill up supp. J.

    However if I want to change a job and a new employer is not ready to support supp. J and USCIS sends RFE asking for supp. J, can any other company (like my previous employer or my friend's company) provide me with supp. J. Would it create a red flag that I am not working for that company currently? After getting a GC, what if I don't join the company who provided me supp J, take a long vacation of 3-4 months, come back and join another company. Would it create any issues down the line either in renewing GC or in applying citizenship?

    Please guide. It will solve the gridlock I am in.

    Appreciate much for your time and help.

    Best
    -ItsmUSA

  2. #2
    Hello Gurus, please advise.

  3. #3
    Quote Originally Posted by itsmusa View Post
    Hello Dear Gurus,
    Looking at the snail speed EB2-India is moving, my EB2 PD of Mar-2009 looks years away. I am kind of stuck in a situation and would highly appreciate if someone having experience with such situation or someone having information could help me out.

    GC: is always for a future job
    Supp J: I will send only if USCIS sends me a RFE
    Current employer: supported in filing AC-21 when USCIS last sent RFE to me in 2016. And hopefully, they would happily fill up supp. J.

    However if I want to change a job and a new employer is not ready to support supp. J and USCIS sends RFE asking for supp. J, can any other company (like my previous employer or my friend's company) provide me with supp. J. Would it create a red flag that I am not working for that company currently? After getting a GC, what if I don't join the company who provided me supp J, take a long vacation of 3-4 months, come back and join another company. Would it create any issues down the line either in renewing GC or in applying citizenship?

    Please guide. It will solve the gridlock I am in.

    Appreciate much for your time and help.

    Best
    -ItsmUSA
    I recently renewed my EAD for the same employer and my attorney did not file Supplement J. Is this a requirement? If yes, what's the big deal with doing it.

  4. #4
    Thanks buddy. Way to go!

    Hello Gurus, please advise on my original query. It would help me plan.

  5. #5
    Guru imdeng's Avatar
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    I am no expert on this - but my guess is that Supp-J has taken a place of EVL so whenever you will get current, you will surely get an RFE for Supp-J. Just like you can't get an EVL from a place you are not working at the time - I imagine you will have to get the Supp-J from the company you would be working for at the time.

    I am sure as time passes and more people ask for Supp-J, it will become commonplace like EVL.

    Quote Originally Posted by itsmusa View Post
    Thanks buddy. Way to go!

    Hello Gurus, please advise on my original query. It would help me plan.
    EB2I NSC | PD: 08/07/2009 | Forum Glossary

  6. #6
    Thanks imdeng...

    It is possible to get EVL (for that matter supp. J) from a company which you are not working currently. When I reviewed supp. J with my friends couple of weeks back, it is very clear that USCIS is asking whether there is a permanent job waiting for you when I-485 is approved. Nowhere it is asked what you are doing currently or your current job description.

    Did I misunderstand supp. J purpose - it's not for current job, but it's for a job after I-485 is approved? I maybe working for a company A, but what if I like to join company B who is willing to provide me supp. J? Possible scenario?

  7. #7
    Sensei
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    Quote Originally Posted by itsmusa View Post
    Thanks imdeng...

    It is possible to get EVL (for that matter supp. J) from a company which you are not working currently. When I reviewed supp. J with my friends couple of weeks back, it is very clear that USCIS is asking whether there is a permanent job waiting for you when I-485 is approved. Nowhere it is asked what you are doing currently or your current job description.

    Did I misunderstand supp. J purpose - it's not for current job, but it's for a job after I-485 is approved? I maybe working for a company A, but what if I like to join company B who is willing to provide me supp. J? Possible scenario?
    You have to be working full-time (over 30 hours) and on an indefinite basis for your GC sponsoring company. If you have moved by invoking the provisions of AC-21 Act, you should be working in a similar job. Since some countries are backlogged, it is possible that when one's case comes up for adjudication one might be in-between jobs. USCIS will be satisfied as long as the new and "(very near) future" job is bonafide and is very much like the original job that one was sponsored for.

  8. #8
    Totally agree nbk1976. I was just trying to understand the whole concept of supp. J and the worst case scenario so that I am prepared for any curve ball thrown at me.

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