EAD (AOS)

Employment Authorization Document. This is evidence that a person is authorized to work in USA. People undergoing Adjustment of Status (AOS or I-485 process) are entitled to an EAD.

March 4, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

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Substantial transcription for video

Discussion Topics, Thursday, 04 March 2021:

FAQ's: How to deal with H-1B employer paying salary less than required || Green Card Renewal - Do I have to be employed in a similar job?

Other Topics: Downgrading from EB-2 to EB-3: Interview process, job responsibility, wages and period of time to change jobs || | If approved EB-1C and GC (consular processing): Impact of delay to move to the US || AOS versus NVC processing for family members in different status || Upgrading to premium processing, while service correction to I-140 pending/options if, spouse moves to EB-3 || Documents required for parents GC || Spouses changing from EB-2 to EB-3 with a new law firm and service center || Maintaining status || Impact of H-4 EAD expiring on spouses || Time estimate for pending asylum review || Impact of moving to a new office branch with AOS pending || Parent on I-140: Impact on 19-year-old son and CSPA || Green Card through Brother or Sister

Feb 18, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Substantial transcription for video

Topics: H-1B holder owning illegal stocks || B-2 visa extensions or alternatives in domestic abuse situations facing parent in home country || Merger effect on priority dates if EB-2 to EB-3 downgrade rejection and H-1 transfer || H-4 to F-1 change of status and aging out || Different I-94 expiration date on I-797A || I-485 downgrading from EB-2 to EB-3 || EAD-AC21-Self Porting || Name variation issue for immigration and Instructions for the 2021 Diversity immigrant visa program || Issues when priority date for EB-2 is getting closer to cut off || Plans after PD becomes current and responding to RFE based on EB-2 India I-485 adjustment of status || Questions regarding L-1A visa extension or renewal expiration while GC pending || EAD and AP Renewal under Category (c)(9) - Receipt notice delays || I-140, EB-2 NIW visa approved: Estimate time taken for an interview

Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485

3 years ago By Chief Editor

Question details

I am currently on H1-B visa (valid until Dec 2021) and my Priority date is May 15, 2010, in EB2. I am working for employer A and I have recently applied for I-485/AOS in Oct 2020. Both EAD/AP are not approved yet and haven't received biometrics notice yet from USCIS. Kindly see below questions and advise.

1) If I change to employer B after 180 days of filing I-485, how would USCIS know that I changed my employer if I do not file new I-485 J that's given by employer B?
 
2 After getting EAD, can I stay without working for a few months? Is there a regulation that says that employment based I-485 applicant needs to work continuously after obtaining EAD?
 
3) I am working for a consultancy company and recently changed my client who is not within 50-mile radius of the existing MSA. My current employer A is not planning to file H1-B amendment. In this case, if there is a site visit by USCIS officer and if they revoke H1-B, then am I still considered to be in legal status because I already applied for I-485 in Oct 2020? Am I safe to stay legally in USA in this scenario even though I did not receive EAD based on AOS?
 
4) If H1B amendment/extension of an employee gets denied after filing AOS/I-485, is the employee still considered as in-status because of pending I-485?

Watch the Video on this FAQ:

FAQ Transcript

I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)

3 years ago By Chief Editor

Question details

I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Got the receipt notices.
1)After 6 months of I-140 approval & I-485 pending with USCIS. Once if I switch job to new employer and use my EAD,AP. Should I have to ever come back to my employer (who sponsored my green card)before I receive green card or after I receive green card for any duration of time anytime?
2)What happens if I stay unemployed after using EAD for some days before I receive the green card? Is my I-485 automatically denied?
3)Is it possible for me to go back to EB2 line with same employer if I start using EAD and AP based on EB3 downgrade I receive?
4)Is it possible to start a company on my own using my EAD and work for my own company till I receive green card? If yes, then say I am working project to project basis consulting do I need to file any other documentation?
5)Why do people maintain H1B status even after getting EAD. Only risk I understand is I-485 denial. But if everything is clean and clear with respect to I-485 why do candidate needs to keep maintaining H1-B visa.
6)What are the risks for EAD and AP renewal. Does the candidate need to prove anything related to job/salary etc any time for renewing EAD and AP each time till I get green card.

Watch the Video on this FAQ: I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)

FAQ Transcript

Video Transcript

1. The answer is no. But if you want to you could.

2. AC21 protects you from these layoff periods and periods between changing jobs.

3. No problem.

4. Try to not open with your own company. But if you have to and you're stuck in a situation, talk to a lawyer.

5. If the I-485 gets into a difficult situation having an H-1B is a good safety device.

6.You don't have to prove job salary to get these renewals. FAQ in detail...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Eligibility for and the process of EB-3 to EB-2 Porting

3 years ago By Chief Editor

Question details

Can you talk about this upgrade process from EB3 to EB2 for pending I-485? Does it need another I-485 application or just a letter to USCIS?

Watch the Video on this FAQ: Eligibility for and the process of EB-3 to EB-2 Porting

Video Transcript

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

May 24, 2018, Recording of Free Community Conference Call (Every Other Thursday)

6 years ago By Chief Editor

Immigration.com

Community Conference Call

Citizenship and Naturalization

Citizenship

Nonimmigrant Visas

Green Card

April 26, 2018, Recording of Free Community Conference Call (Every Other Thursday)

6 years ago By Chief Editor

Immigration.com

Community Conference Call

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday 26 April 2018:

FAQ: Must I carry my green card with me at all times? ||H-1B and green card transfer from a non-profit organization to for-profit||Filing EB-5 investor case with a promissory note secured by property in a foreign country||At what stage should I join my future green card employer?||Child turning 21, immigration consequences for pending green card cases

Other: Compelling circumstances EAD after the age of 21 ||National interest waiver, J1 visa and physicians ||Immigration consequences of amending tax returns||ACICS Accreditation restored, effect on STEM OPT extension ||Advisability of travel using AVR – automatic visa revalidation ||Transferring H-1B quota case before first October ||Naturalization for a developmentally disabled applicant ||H4 EAD ||H-1B extension with PERM || Rules for AOS EAD extension, etc

National Interest Waiver (NIW) Filing When Priority Date is Not Current

6 years ago By Chief Editor

Question details

I am a staff in University of Pittsburgh and still have 3 more years to complete 6 yrs of my H1B. H1B sponsorship is an issue for me getting a new job.
1) When I apply for a NIW -EB2, can I simultaneously apply for I140, EAD, 485 simultaneously?
2) Although the green card date for Indians with EB2 is not current, can USCIS approve my EAD much earlier ( may be within a year) compared to approving 485 which might take several years?
3) Further can I use that approved EAD to change jobs by bypassing H1B sponsorship?

FAQ Transcript

1. No because the dates are not current. If your country of birth is India you cannot file them together.

2. No because you can't get I-485 filed.

3. Remember NIW is not bound to a particular job except for physicians. Doctors are different, but NIW for non physician employment is not tied to a particular position you can change jobs as many times as you like as long as you are still working in the area of 'intrinsic merit' which is the basis of your filing.

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Read more about National Interest Waiver (NIW) Filing When Priority Date is Not Current

Can we Open a Company While on EAD?

6 years ago By Chief Editor

Question details

1. I recently filed I-140 under EB1 as I am on L1A, my spouse is on L2-EAD, can I open a company on my spouse name?

2. When I file my I-485 do I have to provide any documents (W2, Tax Returns) related to my spouse company? 
3. As USCIS has announced In person interview from 10/01/2017, what kind of questions can I anticipate if I open a new company?

Watch the Video on this FAQ: Can we open a company while on EAD? What kind of questions/documents will be needed in the I-485 AOS interview?

Video Transcript

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Read more about Can we Open a Company While on EAD?

Recording of Free Community Conference Call (Every Other Thursday), Nov 16, 2017

6 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Green Card

Substantial transcription for video

FAQ: Is interview required for compelling circumstances EAD? || Can we open a company while on EAD? What kind of questions/documents will be needed in the I-185 AOS interview? || Does H-1B extension denial invalidate an existing H-1B? || What can be done if an H-1B is denied while in the USA? ||Impact of taking a long break while on H-1B.

Other: Traveling while an H-1B is pending || Impact on naturalization of an incorrect name in the past ||Working from home on and H-1B ||Name updated on form I-140||Applying for L-2 EAD and change of status to H-1B ||Erroneous name on passport, visiting on a tourist visa ||Applying for H-4 EAD, I 140 withdrawn before 2017 ||H-1B issued without an I 94||I 485 delay, etc.

Subscribe to EAD (AOS)