EAD Questions

[cricfan]

I have an urgent question. I have an EAD. I have been offered a contract to hire position. But they only have 35 hrs working week. Will it be safe to join them considering that I will be allowed to work for only 35 hrs instead of the regular 40 hrs per week. Can anyone please advise me on whether it is allowed to work $35 hrs/week on an EAD (GC). Will there be any problem in the future in my GC processing ? Any help will be highly appreciated.

[Spectator]

2. My EAD start date is April 28th 2012. According to my lawyer, I can send the renewal request EVEN NOW. Is this accurate? What about the 120 day rule I have been hearing about? If I apply prior to 120 days of the expiration, will be application be returned?I think your lawyer is wrong. The renewal can not be requested more than 120 days before expiry. There are USCIS documents stating this and I am not aware of any change. The renewal request will be rejected if submitted too early.

Here is an example (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=820a0a5659083210VgnVCM100000082ca60aRCR D&vgnextchannel=820a0a5659083210VgnVCM100000082ca60a RCRD) :

If Your EAD has Expired

If you are still eligible for work authorization but your EAD has expired, you should file for a renewal EAD by submitting a Form I-765, Application for Employment Authorization. You cannot file for a renewal EAD more than 120 days before your original EAD expires.



6. This is not immigration related. My current employer had all of us sign a 18 month "bondage" after the I485 submission that, if broken, requires us to pay the company back immigration related expenses. I know this is enforced strictly. My question is this - I am assuming that the company can only ask back the expenses for the I485 stage, and NOTHING ELSE. Is this accurate? The I485 expenses would include AOS/EAD/AP fees for me and my spouse, our medical reimbursements and lawyers fees. Is this all I should expect?I could be wrong and others can confirm, but I think the law only requires the Employer to bear all costs related to PERM, so they may try to pin the I-140 costs on you as well.

[qesehmk]

Actually you may be supposed to work 40 hours on H1. I know this for sure - because my prior employer did furloughs in 2010. Furloughs are reduced work requirements and resulting reduced pay. That time I remember HR saying that H1 employees cant do furloughs. So they had to work full week i.e. 40 hours. In practice they ended up imposing furloughs on all employees and I too had a paycut that year for 1 or two weeks.

Sorry I know this is not very clearcut answer. But just a pointer that may be helpful somewhat.

p.s. if it is contract to hire - why can't tehy just hire you at less rate and offer 40 hours?



I have an urgent question. I have an EAD. I have been offered a contract to hire position. But they only have 35 hrs working week. Will it be safe to join them considering that I will be allowed to work for only 35 hrs instead of the regular 40 hrs per week. Can anyone please advise me on whether it is allowed to work $35 hrs/week on an EAD (GC). Will there be any problem in the future in my GC processing ? Any help will be highly appreciated.

[qesehmk]

i will try to answer what I know -


Guys (EDIT: and gals),

4. Is the geographic location change any problem - Absolutely not.

6. This is not immigration related. My current employer had all of us sign a 18 month "bondage" after the I485 submission that, if broken, requires us to pay the company back immigration related expenses. I know this is enforced strictly. My question is this - I am assuming that the company can only ask back the expenses for the I485 stage, and NOTHING ELSE. Is this accurate? The I485 expenses would include AOS/EAD/AP fees for me and my spouse, our medical reimbursements and lawyers fees. Is this all I should expect?
It depends on what you have signed. Whatever you signed is a contract. And unless it violates any law - the contract will be enforced to its fullest extent. my short and conservative answer is - you should be prepared to pay everything including PERM.

[dorais]

I was also wondering about USCIS not processing EAD application within the 120 day window due to increased work load due to DACA. On the other forms people have posted that they have taken an infopass appointment and requested an "Interim EAD" 90 days after filing EAD application. It looks like a viable option in case of EAD delays.


Thanks Spec and Q. I need to check exactly what I signed in a discrete manner. I think the document says that we would need to reimburse the company if we leave within 18 months of *a* green card processing stage. Since my PERM and I140 were done back in 2009, I think I am clear of those stages, and it is only the I485 that would need reimbursement.

Surprisingly, my lawyer is saying that he will submit the EAD renewal soon. I don't know what to say - should I wait until December 27th and then fedex/courier this document? At this stage, I am not entirely sure if I am going to be at this place on December 27th, hence I would have liked to start the renewal sooner than that.

Also, what happens if for some reason, my EAD expires and a new one isn't issued? From my understanding, I will have to stop working, but I can stay. Is that correct? What's the recourse for such situations? Is there a process where I can escalate, get an appointment and request an immediate EAD?

[ajidan]

Hi all, I am new to this forum and find it very informative.

I have a few EAD related questions

1) I am a physician working as a hospitalist. I got my EAD in april 2012. I was offered a fellowship but after speaking to my lawyer had to give it up as the advice I got suggested that the risk to do a fellowship on a EAD if it is an employment based EAD is high. Was there an alternative route?

2) I hope to join a different hospitalist position based on the EAD but they will not sponsor a H1B visa. Are there risks associated with this?

Thankyou

[qesehmk]

That's amazing ajidan. Did your lawyer tell you that you can actually accept that fellowship as an additional job in addition to your existing one?

You can do in fact as many jobs on EAD as you want. No limit. The only thing is your current one on H1 should also go on - so that your H1 status remains in good standing. And mind you that is a precaution - not a requirement.


Hi all, I am new to this forum and find it very informative.

I have a few EAD related questions

1) I am a physician working as a hospitalist. I got my EAD in april 2012. I was offered a fellowship but after speaking to my lawyer had to give it up as the advice I got suggested that the risk to do a fellowship on a EAD if it is an employment based EAD is high. Was there an alternative route?

2) I hope to join a different hospitalist position based on the EAD but they will not sponsor a H1B visa. Are there risks associated with this?

Thankyou

[ajidan]

Thanks for your reply. To join the fellowship I may have to give up my current job as the fellowship will be a full time job. Any way to get around that?

[qesehmk]

Joining fellowship on H1.
Thanks for your reply. To join the fellowship I may have to give up my current job as the fellowship will be a full time job. Any way to get around that?

[natvyas]

Here is background to my question:

I have a PD of March 08 (EB2- I). My wife is on H1B and she is a dependant on my application. Her 6 yrs limit on H1B runs out in May 2014. If I have to apply for her EAD can we do it without my PD date not being current?

The above question is based of the following scenario:

It is likely that FY2013 will end with PD of Jan-Feb 08 and since the CO is not doing monthly spillover then the earliest we will see movement in 2014 would be july which past her H1B expiration date.

Regards
Nat

[qesehmk]

My understanding is you can file for ead for you and beneficiaries as soon as you file 485.
Here is background to my question:

I have a PD of March 08 (EB2- I). My wife is on H1B and she is a dependant on my application. Her 6 yrs limit on H1B runs out in May 2014. If I have to apply for her EAD can we do it without my PD date not being current?

The above question is based of the following scenario:

It is likely that FY2013 will end with PD of Jan-Feb 08 and since the CO is not doing monthly spillover then the earliest we will see movement in 2014 would be july which past her H1B expiration date.

Regards
Nat

[natvyas]

My understanding is you can file for ead for you and beneficiaries as soon as you file 485.

Q

We didnt file for the EADs with our I-485 application with the hope that we would receive the GC earlier. Now that boat has sailed and was wondering if we could file for EAD without the dates being current. Plan to file mid next year.

Regards
Nat

[qesehmk]

Oh .... go ahead and be USCIS's guest Natvyas. I am 99.99% sure - you can file EAD simply based on your pending 485. All the best!
Q

We didnt file for the EADs with our I-485 application with the hope that we would receive the GC earlier. Now that boat has sailed and was wondering if we could file for EAD without the dates being current. Plan to file mid next year.

Regards
Nat

[ajidan]

I am close to getting a job in CA and I am presently working in PA as a hospitalist. They are not sponsoring the H1b out in CA and job is a hospitalist position as well. Besides a letter from the new job to the USCIS would I need anything else? How risky is it to move just on the EAD? Does H1B offer any protection and how?

[Stemcell]

Thanks for your reply. To join the fellowship I may have to give up my current job as the fellowship will be a full time job. Any way to get around that?

ajidan,

Having been in a similar situation, after consulting with my lawyer i was advised not to take fellowship as it would be considered a 'dissimilar' job description.

The thing i am not clear about is .....lets say you working as a hospitalist currently switch to a fellowship on a EAD, but if your current employer is willing to hire you back as a 'hospitalist' once your fellowship is done and as GC is for future employment, one may have a case there. But my lawyer passed out when i suggested this...a sign i took as 'doable but risky' !:cool:

[Stemcell]

I am close to getting a job in CA and I am presently working in PA as a hospitalist. They are not sponsoring the H1b out in CA and job is a hospitalist position as well. Besides a letter from the new job to the USCIS would I need anything else? How risky is it to move just on the EAD? Does H1B offer any protection and how?

Just my 2 cents buddy.
Stay out of CA. The state is bankrupt and will only get worse.This will affect your reimbursement in the long run.....

[Stemcell]

This is not relevant. The state bankruptcy will hit the public sector workers first. And California is too big to fail any time soon. Most of the new business entrepreneurs are still based there. 80% of my potential jobs are in California at this moment.


Its relevant in the sense that if the State is not financially healthy, although there may not be layoffs in the Government jobs, benefits are affected.And usually its the health insurance etc etc that are given the boot....
This will affect reimbursements to the health sector because without commercial insurance (since they pay well)....we are going down under. I am not even talking about Medicare and Medicaid......

[GhostWriter]

Friends, i have a few questions. I filed I-485 in Feb-2012 and received EAD, though i am still on H1 as it is still valid till end of 2013. I am thinking of moving to a different city (in a different state) for the same employer in the same role.

1. Will I have to use AC-21 for the change in city even if i stay with the same employer
2. Can the H1 extension and H1 amendment for change in city be done together before i move

3. Not thinking of doing this yet but just in case i change employers using EAD and my current employer withdraws I-140 does it create any issues in using AC-21. I-485 has been pending for more than 6 months.

[GhostWriter]

Friends, i have a few questions. I filed I-485 in Feb-2012 and received EAD, though i am still on H1 as it is still valid till end of 2013. I am thinking of moving to a different city (in a different state) for the same employer in the same role.

1. Will I have to use AC-21 for the change in city even if i stay with the same employer
2. Can the H1 extension and H1 amendment for change in city be done together before i move

3. Not thinking of doing this yet but just in case i change employers using EAD and my current employer withdraws I-140 does it create any issues in using AC-21. I-485 has been pending for more than 6 months.

(I had posted it in the EAD questions thread few days back but did not see any replies. I will move the conversation to that thread once there are few replies. Thanks in advance for your help.)

[vizcard]

Answers are inline. Please consult with an immigration lawyer.


Friends, i have a few questions. I filed I-485 in Feb-2012 and received EAD, though i am still on H1 as it is still valid till end of 2013. I am thinking of moving to a different city (in a different state) for the same employer in the same role.

1. Will I have to use AC-21 for the change in city even if i stay with the same employer
No. AC21 is only for different employers. You would have to fill out the AR11 and inform USCIS of the new address.

2. Can the H1 extension and H1 amendment for change in city be done together before i move
Yes. As long as you have an "offer letter" of sorts, you should be able to do it.

3. Not thinking of doing this yet but just in case i change employers using EAD and my current employer withdraws I-140 does it create any issues in using AC-21. I-485 has been pending for more than 6 months.
Technically its not an issue but it can be risky.

(I had posted it in the EAD questions thread few days back but did not see any replies. I will move the conversation to that thread once there are few replies. Thanks in advance for your help.)

[GhostWriter]

Thanks Vizcard. Happy New Year to all. Hopefully many of us will get GCs in 2013 and the rest of us will move closer.


Answers are inline. Please consult with an immigration lawyer.